Legal Question in Real Estate Law in New Jersey

Re: confrontational lawyer

SOUNDS LIKE YOU REALLY NEED TO CONSIDER SWITCHING, DESPITE BEING CLOSE TO THE CLOSING. SEVERAL SUGGESTIONS SHORT OF THAT: DOES HE HAVE A PARALEGAL WORKING ON YOUR MATTER. DEAL THROUGH THE PARALEGAL. YOU SHOULD ALSO FEEL COMFORTABLE READING HIM THE RIOT ACT, AS I AM SURE THE SELLER DESIRES TO CLOSE QUICKLY AS WELL, AND YOU ARE THE ONE PAYING HIM/HER. ARE YOU SURE EVERYTHING HAS BEEN FINALIZED FOR THE CLOSING; ALL DOCUMENTS NEEDED ARE IN HAND, ALL REQUIREMENTS OF YOUR BANK HAVE BEEN MET AND RECEIVED BY THEM, SO THEY CAN SCHEDULE THE CLOSING. IN MY EXERIENCE, PART OF THE DELAY MIGHT BE THE MORTGAGE COMPANY NITPICKING FINAL DOCUMENTS. ALSO, ARE YOU SURE THE SELLER IS NOT DELAYING; PERHAPS THEIR NEW HOUSE IS NOT AVAILABLE AND THEY ARE BUYING TIME. THERE COULD BE LOTS OF REASONS, BUT YOU NEED NOT SUFFER FROM ATTITUDE PROBLEMS OF YOUR ATTORNEY. AS I WAS JUST TELLING SOMEONE THIS MORNING, LIKE DOCTORS, MANY ATTORNEYS THINK THEY ARE GOD, BUT AREN'T AND, I ADMIT, WE OCCASIONALLY HAVE TO BE PUT IN OUR PLACE. IF ALL ESLE FAILS, RETAIN A NEW ATTORNEY, WHO CAN PICK UP WHERE YOUR CURRENT ONE IS SOMEWHAT QUICKLY, IF ALL DOCUMENTATION IS AVAILABLE. I HAVE, ON A FEW, RARE, OCCASIONS OVER THE YEARS, BEEN THE REPLACEMENT ATTORNEY. IT ISN'T EASY, BUT IT CAN BE DONE.

Re: confrontational lawyer

Fire him and hire another lawyer who is experienced in real estate law. You may have to pay him for his time, but if he won't give you his file, it can be recreated from your records and the realtor. If I can be of some help (I have over 30 years real estate experience), please call me.

Bernard Berkowitz

973-808-2003

Re: confrontational lawyer

I am sorry to hear about your problem with your current attorney. There may be legal issue that your attorney is trying to work through. I hate to say this, but if you are not happy find another attorney. Real estate transactions should not be a contentious adversarial experience.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for

clients through out New Jersey and Pennsylvania with a diversified law practice, consisting

of assisting clients and their families with various legal matters including but not limited to Real Estate matters.

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

Re: confrontational lawyer

Admittedly, many attorneys have very lousy "people skills." (Which of course is no excuse.) Since it is too late in the process to switch attorneys, you need to get into "damage control mode," i.e., try and see what you can do to get better service until the process is concluded.

You are obviously entitled to good communication with your attorney, and this seems to be the basic problem. Some attorneys, esp. those who do a lot of real estate closings, can get extremely busy when they have a lot of closings close together. (Again, that's no excuse for not returning your phone calls.)

I would suggest that you sit down, and in as polite and professional a manner as you can muster, write your attorney a professional-style letter in which you go through all your concerns, point by point, in a non-insulting manner. Where you have concerns about the attorney's performance, point these out specifically--but again, try to do so in a non-personalized manner.

For example: "Attorney Smith, I am greatly concerned about the inability to communicate with you when I need to. For example, on several occasions I have left phone messages, which you have not returned in a timely fashion. I know you are very busy, however, I am not satisfied with this aspect of your performance, and would ask you to be more responsive until we are able to successfully conclude this matter." Etc. Etc. as to each of your concerns.

Clients rarely send this kind of letter to an attorney, but let me tell you, it will be "shock treatment" for your attorney, and hopefully will be enough to do the trick. Remember, the key is to state your concerns in an objective, professional, non-personal fashion.

A word of extreme caution is in order: It is very important for you to also be aware that your attorney's responsibility is to protect you from any mistakes that may be made at closing. Often, delays are necessary because others have not done what they are supposed to. If delays in your transaction have occurred because your attorney is insisting that other parties adhere to their obligations, then he is actually doing a good job for you, he is not unnecessarily delaying the transaction.