Monday, August 14, 2006

An exam question for you lawyers and aspiring lawyers.

Non-lawyers and all others are encouraged to play, too.

You're a tenant-side attorney. The landlord on the opposite side of one of your cases shows up at your office. In hand, he has a blank form (a la Bloomberg, Excelsior,etc). The form is a notice to remove. He fills out the form at your desk, including the affidavit of service, and hands it to you on behalf of your client. No court action has been commenced, and he received the form from the town justice over coffee when he stopped to tell the judge of his troublesome tenant and took photos and video of the rental unit to the judge.

Your task, should you choose to accept it, is to find the problems with the above situation. (Other than my abuse of grammar, that is.)

Bonus points for citations to relevant law or cases. Bonus points double if you buy a drink for the lawyer who related this true-to-life situation to me.


Blogger jackbear said...

Wow, it sounds wrong in lots of ways, but its over my head! Thats why we hypothetically pay you the big bucks! I think the right answer is the lawyer forgot to fill out the paperwork in BLACK ink.

11:58 AM  
Blogger Damin J. Toell, Esq. said...

One problem is the fact that service was effected on the attorney, rather than the client personally. Since there was no pending action, there was no reason to serve the attorney. For service to be proper (and regardless of whether the client received immediate notice thereafter from the attorney), the client must be served personally.

3:38 PM  

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