Court Appointed Lawyer Concerns

Summary

If you feel your court-appointed lawyer isnt representing your interests, you can discuss your concerns with them or request a new attorney. For your mobile home ownership issue, Maine laws such as Title 33, § 551 and Title 10, §9097 may support your case. If the landlord sold the land without notifying you, it could be a violation of Title 14, §6021-A. Witness tampering and presenting incorrect documents could also be significant. Consider consulting a new lawyer and reporting your current lawyers behavior to the Maine Board of Overseers of the Bar. Pine Tree Legal Assistance may help you find a new lawyer.

Full Conversation

Well, I’ve got two situations. One is I’m beginning to question if my court appointed lawyer is on my side, and two, I’m looking to see if I have a leg to stand on over a mobile home ownership.
Hello ****,
For your first concern, it's crucial to have trust in your lawyer. If you feel they're not representing your interests, you might want to consider discussing your concerns with them or request a new attorney.
Regarding mobile home ownership, could you please provide more details about the dispute? Also, can you let me know where you are located as laws vary by location?
Maine
For your first concern, you can file a complaint with the Maine Board of Overseers of the Bar if you believe your lawyer has acted unethically. For the mobile home issue, Maine has specific laws:
- Title *, §*: Protection from abusive practices
- Title *, §*-A: Notice of intent to sell park
Please provide more details for further information.
So, 3 years ago my husband and I bought a mobile home. The gentleman we bought it from gave us a bill of sale. I found out a year later that the mobile home was in the landlord’s name, but the town office still took the bill of sale and put the mobile home in our name. We’ve paid the taxes on it for two years now. I talked to the wife of the man who sold us the home. She’s also the landlord’s agent. We would send her the lot rent to be given to the landlord. She told me, in a text conversation, and verbal, that the landlord was fine with the sale and us taking ownership of the home. So for three years we’ve been paying lot rent. I’ve got a text conversation that shows the landlord was good with us taking the home, but after he sold the land(which happened five months ago and he didn’t tell us about it) he’s coming after us for the trailer. What are my options for this, because public records at the town office show that we own the trailer, and the conversation shows that the landlord was cool with it.
Based on Maine law, you may have a case:
- Title *, § *: Conveyance by a person in possession under claim of title but without a record title is valid.
- Title *, §*: Protects against abusive practices.
You should consult with a lawyer to discuss your specifics and next steps.
My lawyer is pushing for us to move out. His conversations between himself and the plaintiff’s daughter leaves a sour taste in my mouth. I feel like he doesn’t believe we have a case. The plaintiff’s daughter even told the landlord’s agent that’s she can’t get involved in this. However, the guy that sold us the trailer is willing to step forward and tell our lawyer that he has a verbal agreement with the landlord, that he could do what he wanted with the trailer because of all the work the guy was doing for the landlord.
If you're unhappy with your current lawyer, consider discussing your concerns or find a new representation. Maine law seems to support your case. Having the seller testify may strengthen your argument. Consult another lawyer for guidance.
I also think it’s strange that the landlord sold the land the mobile home is on, but didn’t notify us. That was done 5 months ago. Then they send an eviction notice in January telling us to leave the trailer the way we found it. That would mean removing all of the fixtures and appliances we’ve put in, because there was nothing in this trailer but a toilet, the kitchen and bathroom sink, a tub, and the water heater. There wasn’t even a furnace. So we said we’d take everything out that we put in, and got told that we can’t. Why did they wait so long to do the eviction and why weren’t we notified of the sale of the land?
Maine law, Title *, §*-A, requires a landlord to give residents a *-day notice before selling a mobile home park. If this wasn't done, it may be unlawful. For eviction, a proper notice period and reason are required. Contact a lawyer for advice.
Nope, we didn’t even realize it was being sold until a real estate agent came to the door and told us.
Based on your situation, it seems like there could potentially be a violation of Maine law, Title *, §*-A. It might be advantageous to consult with a new lawyer to discuss this issue and explore your options.
What can I do about the landlord’s daughter telling his agent that she can’t get involved? Isn’t that illegal?
The landlord's daughter's refusal to get involved isn't necessarily illegal. However, if her involvement is crucial to your case, her statement could be used as evidence. Consult a lawyer for detailed advice.
No his daughter told the landlord’s agent not to get involved.
If the landlord's daughter's involvement is crucial, her statement could be important evidence. Can you provide more details on why her involvement is significant to your case?
Okay so Cindi, the landlord’s daughter, told the agent, Terry(she’s the one who collected lot rent and communicated between us and the landlord), Cindi told Terry that she is not to get involved in our case. So, if she’s a potential witness, she won’t testify because Cindi told her not to.
Based on Maine law, witness tampering could be considered illegal. If Terry's testimony is crucial and she's being deterred from testifying, it might be considered witness tampering. Consult a lawyer to understand your options.
Cindi was the one to send the eviction notice in the mail, she notarized her own letter with her seal, and she’s also the landlord’s daughter.
Notarizing her own eviction notice might be a conflict of interest, especially considering she's the landlord's daughter. However, the impact of this act depends on specific details. Are there any other ways Cindi's action has negatively affected your situation?
She’s inserted herself at the head of this, making decisions for the landlord. She tried representing the landlord in the court room as was turned down by the judge. So, the judge doesn’t include her in this, yet my lawyer does. I don’t think that’s right. It’s the landlord’s name on the court summons, not hers, and she told Terry not to get involved.
If Cindi is interfering improperly, her actions could be considered unethical or illegal. Her attempt to represent the landlord in court could be seen as unauthorized practice of law. You might want to highlight these issues to a new lawyer or court.
She also gave my lawyer incorrect title ownership for the wrong trailer. The deed she brought in was for a * mobile home. The one we’re fighting over is a ‘*. My lawyer didn’t even look at the paper close enough to see the date. He just took it as truth.
Presenting incorrect documents could be seen as deception. If you have proof that the title she provided is for a different trailer, this could significantly help your case. Have you discussed this discrepancy with your lawyer?
No, because I don’t trust him. I’m going to take your advice and ask for a different lawyer.
That sounds like a good decision, ****. Do you need information on how to find a new lawyer in Maine, or do you have another question regarding your case?
We have all of this evidence, and yet he’s not doing anything with it.
I understand your frustration, ****. If your current lawyer isn't utilizing the evidence, a new lawyer might be the best course of action. Would you like guidance on how to report your current lawyer's behavior to the Maine Board of Overseers of the Bar?
Yes please
Sure, you can file a complaint with the Maine Board of Overseers of the Bar. You'll need to provide your contact details, your lawyer's details, and a description of the issue. The form is available on their website: maine.gov/boardoverseers.
And I’ll just call pine tree legal and request a new lawyer.
That sounds like a good plan, ****. Pine Tree Legal Assistance may be able to provide you with a new lawyer who can better represent your interests. Remember to discuss all your concerns and evidence with them. I wish you the best of luck with your case.
Also, the landlord has been taken to court for years for different violations charged against him by the local towns.
That's interesting, ****. It could indicate a pattern of behavior that may be relevant to your case. Have you informed your lawyer or the court about these previous violations against the landlord?
We tried to inform our lawyer, but he’s too busy pushing us to move. I even told him the the wait for housing was *-5 years. He said we still needed to get our names on it.
It seems like your lawyer isn't taking your concerns into account. This being said, you might want to consider reporting his behavior to the Maine Board of Overseers of the Bar and getting a new lawyer who can better represent your interests.