California  |  Legal Ethics

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12/06/11, 8:42 am

Legal Question


Hi - I am the plaintiff in an eviction/UD case. In the defendants answer, one of the defenses states that my attorney led defendant to believe that they could pay xx amount of dollars and then enter into a payment plan to pay back rent and defendant would be able to stay. I'm the plaintiff and knew nothing about this. I never agreed to this nor did I know anything about it. This "offer" to defendant was made by my attorney, according to the answer, the day defendant was served with the eviction. So for two months, I received 3 seperate checks, and returned them certified mail. My question is, how can my attorney make an "offer" without consulting me first? Also, is having telephone conversations and defendant writing letters to my attorney a conflict of interest? Will the judge throw the case out because I had no knowledge of this? Is this misrepresentation? Thank you for any response.


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