Legal Question in Business Law in Massachusetts

Tempus Fugit

Details:

A local vendor of wholesale goods has brought an action against my wife and

I for an unpaid bill we incurred over the course of running a failed business.

We are scheduled for a Case Management Conference tomorrow (4/5/04).

Over the past few months I have sent numerous settlement offers to the

plaintiff's attorney - all were ignored.

The Plaintiffs attorney sent me a fax on Friday demanding a response by 12

noon, otherwise he would proceed with the hearing and tack on his

commensurate fee.

Is it considered ethical for a lawyer to ONLY begin negotiations the day before

an appearance in court and to try to affect a settlement by implying his fees

will only make matters worse for my wife and I?

Thank you for any and all help you can provide my wife and I.


Asked on 4/04/04, 11:17 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Tempus Fugit

Many of the deadlines that lawyers send are self-serving. While seemingly irritating, they carry little force. Your recourse is simple, list the efforts you made to settle. Management conference is simply a status conference to see where the case is. What I would suggest is simply to restate your last offer, and refer to its original date of notice. Your action should be guided by the amount owed, whether you were incorporated at the time of the debt, and see whether you may have any counter claims.

Read more
Answered on 4/04/04, 7:04 pm


Related Questions & Answers

More Business Law questions and answers in Massachusetts