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WHAT YOUR ATTORNEY EXPECTS FROM YOU
By
Eric Glazer, Esq.
Published March 9, 2015
Last
week I blogged about how associations go about selecting counsel
for the association. Lots
of you gave some tips about what associations should be
searching for in the law firm they eventually choose.
Some of you thought track record was important.
Others thought the won/loss record mattered most.
Some thought ethics were most important.
It’s hard to argue against any one of these as
qualifications that should be considered.
Let’s
flip it around today. Let’s
talk about what an association attorney expects from the
association client. My
most important characteristic that I look for is the ability to
listen. Why bother
asking for your attorney’s advice if you’re going to ignore
it? If an attorney
says that a meeting can’t be held in private, don’t hold it
in private. If an
attorney says that you shouldn’t sue a particular owner
because it would be considered selective enforcement, don’t
sue that owner. If
an attorney says the records must be made available within ten
days, make the records available.
Ignore the advice at your own risk.
Here’s
another thing that drives me nuts.
The association signs a contract and then asks me what I
think about it. Or,
the association will then ask me how they can get out of it.
Many times, the answer is “sorry, you can’t.”
Don’t be penny wise and pound foolish.
It amazes me that associations will enter into contracts
totaling several hundred thousand dollars for construction
repairs for example, but wanted to save a few bucks by not
showing it to their attorney first.
The contract often times does not contain start dates,
completion dates, a fair payment schedule and even a warranty.
How
about having realistic expectations from your attorney?
Never for one moment think that you’re going to file a
lawsuit and get a resolution of the matter in a few days.
There are far too many TV shows where complicated legal
matters are wrapped up, even after a trial, all within an hour.
If you’re telling your attorney to go to court, you
need to know and expect a few things.
First, court is completely unpredictable.
Attorneys who are practicing for any length of time will
tell you two things: the first is that many times they walked
into the courtroom thinking they would win today and can’t
figure out how they lost. The
second is that the reverse is also true.
Court is often times very unpredictable.
Worse, it is time consuming and mentally draining.
It is far too often the last place where you may want to
go to seek justice. That’s
why I will always be a big fan of mediation.
Never
expect your attorney to turn a blind eye to blatant violations
of the law or ethics. I
don’t want my clients looking for a “Yes” man.
The reputation of the attorney is always at risk if he or
she allows a client to engage in questionable behavior.
In addition every attorney bears an obligation to The
Florida Bar to maintain ethical standards. Follow the law or
your attorney should call you out on it.
It’s not just the association that can terminate the
relationship, the attorney has that right and obligation as well
if the client is requesting assistance from the attorney in
violating the law or is asking the attorney to simply look the
other way Finally,
paying the bill on time is always appreciated.
Hey….you want an honest column right?
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About
HOA & Condo Blog
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Eric
Glazer graduated from the University of Miami School of
Law in 1992 after receiving a B.A. from NYU. He has
practiced community
association
law for more than 2
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decades
and is the owner of Glazer and Associates, P.A. a seven eight
attorney law firm with offices in Fort Lauderdale, Orlando and
Naples.
The
firm also has satellite offices in Tampa and Fort Myers.
Since 2009, Eric has been the host of Condo Craze and
HOAs, a weekly one hour radio show on 850 WFTL.
See:
www.condocrazeandhoas.com.
He
is the first attorney in the State of Florida that designed a
course that certifies condominium residents as eligible to serve
on a condominium Board of Directors and has now certified more
than 8,000 Floridians all across the state. He is certified as a
Circuit Court Mediator by The Florida Supreme Court and has
mediated dozens of disputes between associations and unit
owners. Eric also devotes significant time to advancing
legislation in the best interest of Florida community
association members.
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