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Help for pro bono eviction client

NYC Housing Court Practice/Procedures

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Help for pro bono eviction client

Postby awacs » Tue May 01, 2007 10:48 pm

I'm a lawyer, but not a very good one, nor have I any HC experience. Pro bono client (who can't afford a good lawyer) was several months late due to illness, etc. She wants to work out a payment plan, but LL's lawyer wants cash on the barrelhead.

She signed stip in March to pay everything by April 20, she keeps meaning to pay (or wants to use $$ as a bargaining chip to buy time; I advised her to pay as much as she can as early as she can).

Evidently she got an eviction notice and ran to court, evidently to get an OSC. She has yet to meet a judge (but has met lots of seedy lawyers, including one who freely admitted that he's not yet been admitted yet.) Then she called me, in tears.

She has a court date in two weeks. What would be my best strategy, if I wanted to buy time? She owes about 7k and has raised about 3k.

Thanks!
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Postby TenantNet » Tue May 01, 2007 11:02 pm

Do you actually represent her? If so, what is she doing running to court on her own? What do you mean by "eviction notice?"
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Postby awacs » Tue May 01, 2007 11:12 pm

TenantNet wrote:Do you actually represent her?

I guess I am, as of tonight. :-)

TenantNet wrote:If so, what is she doing running to court on her own?

She did it before she contacted me.

TenantNet wrote:What do you mean by "eviction notice?"

That's what she called it; it was attached to her door. Haven't seen it yet.
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Postby TenantNet » Tue May 01, 2007 11:17 pm

Wouldn't it be better to see if it's a petition, or a 3-day notice, or a Marshall's warrant? What court if not HC and so on? is the tenant RS? Is the correct rent being demanded? Depending on things, an OSC may or may not be the thing to do.
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Postby awacs » Tue May 01, 2007 11:25 pm

TenantNet wrote:Wouldn't it be better to see if it's a petition, or a 3-day notice, or a Marshall's warrant? What court if not HC and so on? is the tenant RS? Is the correct rent being demanded? Depending on things, an OSC may or may not be the thing to do.


Ok, good idea; I'll find out and post back.

Thank you!
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Postby TenantNet » Tue May 01, 2007 11:36 pm

Also, I'm not sure if it's proper for an atty to discuss a client's case in a forum such as this (even though it's anonymous in nature). That's something you can check out. We can offer suggestions via PM or email.
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ethical rule violation

Postby NYHawk » Wed May 02, 2007 8:58 pm

It is unethical for an attorney to agree to accept a case (pro bono or otherwise) if that attorney is completely unfamiliar with the procedural and substantive law relating to the case. Clearly, this attorney is violating that rule. Asking for advice before even seeing the lawsuit papers and not knowing if the T has an actual "eviction" notice is absurd.
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