LitaWrites (real_lawyer) wrote,
LitaWrites
real_lawyer

Vacation Post #3

OK, I promised to give myself a break from original blogging for a bit.  But I have to share my dismay over the disingenuous "surprise" of housing and stock analysts who found the July dip in sales "shocking!'  There's always a dip in sales in July, based on my almost 30 years of experience (contracts are signed by June and closings take place in August to coincide with the start of school--in July homeowners and buyers are sort of dormant).  Plus there was an artificially induced flurry of activity as the tax credit deadline was reached, converting many would-be buyers into owners before July rolled around.  So please take careful note of those who were flabbergasted by the July downturn, and never let them be your guides in investing!  Now I return you to another "blast from the past" re-run:

Hey, Rude: Don’t Make It Bad…

  • Nov. 29th, 2006 at 8:16 AM

Every profession has some reprehensible characters.  However, the legal profession seems to have more than its share of disagreeable practitioners that either have forgotten, or never learned, that our degree is granted so that we may service others in protecting their rights.  These greedy lawyers act as if their degrees are in alienation of the public’s trust.

I had an encounter with such a lawyer the other day at a closing.  Having treated me rudely in the few conversations we had throughout the transaction, I expected that Mr. G. might behave less boorishly in front of his client and others present at the closing table.  My expectations were quickly shattered when I reached my hand out to him upon entering the closing room (four minutes early) and rather than any pleasantry, he gruffly expressed satisfaction that I was “on time”.

This man’s agenda was to get past this closing and on to other business he had scheduled as quickly as possible.  But he had failed to ensure that my directive for specific certified or bank checks, sent to him last week, made it to the bank’s attorneys in preparation for closing.  Rather than own his mistake and work with us to obtain the checks my clients were entitled to under the Contract of Sale, Mr. G gathered his file and briefcase barely 45 minutes into the closing and announced “I’m out of here.” 

When I incredulously remarked that he needed to stay until proper checks for the purchase price were produced, he basically sneered at me and said “No.”  Followed by “What are you going to do?  Go ahead and sue me”, and on his way out the door, “Report me to the Bar Association, why don’t you”.

Let’s leave the incredible arrogance and total rudeness of this man to the side, and focus on his ethical breaches.  He left his client unrepresented at a table with adversarial parties and counsel, well before the closing was concluded.  He cavalierly suggested to his client that the Title Closer, without benefit of legal degree or license, would protect him if any problems arose.  Had no checks been produced for whatever reason (and it does happen from time to time) my clients could have directed me to hold the Buyer in default and keep his $59,000.00 downpayment.  Mr. G might have remedied things at the table on his client’s behalf if he had stayed, but because he’d left, the Buyer may have been looking at litigation and the costs associated therewith (including, surprise, Mr. G’s litigation fees).  Finally, I also suspect Mr. G charged the Buyer 100% of his fee though he only stayed for 50% of the closing.

Attorneys like Mr. G diminish the reputation of my profession, but I’m betting he doesn’t care.  If he doesn’t respect the needs of his own client, what concern is it of his if he makes all attorneys seem unprofessional?

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