Legal Question in Legal Ethics in California
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.
1 Answer from Attorneys
Your attorney had no authority to settle a case without your consent or permission.
It is not a conflict of interest for your attorney to contact the defendant, if the defendant is representing him or herself. It would only be an ethical violation only if the defendant was represented by counsel and your attorney was aware of the representation, but it still would not be a conflict of interest.
If the entire rent was tendered before expiration of the 3 day pay or quit, you had to accept rent and could not refuse payment. But if rent was tendered after the 3 day pay or quit expired, then it is in your sole discretion whether to dismiss the unlawful detainer or to reject the tender and proceed forward with the eviction.
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