Legal Question in Civil Litigation in Maryland
Does this sound like an actual lawyer?
I am currently in discussions with my exfiancee on buying me out of half of a house we bought together. Last week I asked for more money (which I deserve rightfully) and got this letter back:
I have been told that you would sign the agreement between you and ''client's nick name'' for no money. I was also told you wanted $1,000.00. Now, out of hte blue, after we made an agrement verbally and are trying to reduce it to writing, you want $2,000.00. Supposedly you told my paralegal that you had not heard from us since May and that is why you wanted $2000.00 instead of 1,000.00. You said that, apparently foregetting you had a lengthy conversation with my paralegal on June 25th. Both you and your attorney have asked me to prepare an agreement and send it to you. I did so. I never did get it back. Please communicate with ''client's nick'' by email or with me, or get an attorney so we can get this deal done. If we do not, I will resort to litigation promptly.
Very truly yours,
Lawyer
1- lengthy=5 mins
2- my lawyer was a one time only for a restraining order
3- I cannot contact his client because of restraining order
4- I was never giving up the house
Is this really from a lawyer?
1 Answer from Attorneys
Re: Does this sound like an actual lawyer?
The way to tell whether it is really from a lawyer is to look at the letterhead. If it is actually on "engraved" letterhead and was sent in an envelope with the attorney's name and address pre-printed (not printed on the computer), you can be relatively confident that it really is from an attorney (unless your ex-fiancee works for the lawfirm).
In my experience, though, if the amount of money that is at issue is only $1,000 (the difference between what the original offer was and your current demand), it is unlikely that litigation will ensue (again, unless your ex-fiancee works for the lawfirm and is getting the attorney's services for free). The attorney's fees which will be incurred by your ex-fiancee will far exceed the $1,000 that would be gained even if it was established that you had accepted the first offer. From what you have told me, the litigation that will commence will be an attempt to enforce the deal that the attorney suggests you made. In the US, each party pays its own attorney's fees so your $1,000 cannot be reduced by the amount of fees that had to be paid to enforce the deal unless that was actually discussed when you discussed how much money you would accept.
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