Question about lawyers/lawsuits/who contacts who?

[Anonymous]

We hired a contractor to do a project on our house and there were a lot of problems; many things not up to code and some major cosmetic issues. Also the contractor broke/damaged many items in our home that were not related to the project through carelessness.

We reached out to an attorney who gave us a free 30 minute phone consult. My husband had already done a lot of research about our situation and the lawyer confirmed everything during that phone call. The retainer was a lot of money so my husband hoped to avoid court and sent the contractor a demand letter.

Several weeks passed and he did not respond. My husband emailed the lawyer yesterday about sending him the retainer fee, since it looks like we will have to go to court, and we will do that next week.

Today, the contractor sent us an email saying that all future communication should be directed to his lawyer, and provided the lawyer's email address.

My husband is surprised that the lawyer did not reach out to us directly. I think it's normal that the lawyer did not reach out to us.
Which is correct?

Do we wait and have our lawyer (once we have paid the retainer fee) reach out to our contractor's lawyer?

We've never sued anyone. If it matters, the amount will be approx $35k, not including any legal costs.

Thank you.

[Anonymous]

If you are represented by counsel, the opposing party's lawyer may not contact you directly.

[Anonymous]

Anonymous wrote:If you are represented by counsel, the opposing party's lawyer may not contact you directly.

OP here
Yes, that is what I thought, thank you.
Although we have not yet given the retainer to "our" lawyer, in the demand letter my husband sent he mentioned that we had spoken with a lawyer, so I can see why our contractor's lawyer would believe we were likely represented and would not contact us directly.

[Anonymous]

You should have had the attorney send the demand letter. What a waste. I hate when clients screw things up before we even start.

[Anonymous]

Anonymous wrote:You should have had the attorney send the demand letter. What a waste. I hate when clients screw things up before we even start.

I agree.
My husband "had faith" that the contractor would "do the right thing" when he saw the demand letter.
When he (my husband) first talked the contractor about the problems, the contractor specifically said he didn't want to get involved in court.

How badly is it "screwed up" by sending the demand letter on our own?

[Anonymous]

Anonymous wrote:You should have had the attorney send the demand letter. What a waste. I hate when clients screw things up before we even start.

OP: This is excellent advice.

The contractor is playing your game better than you are. By contacting the contractor and indicating that you had spoken to a lawyer about your concerns suggests that the lawyer refused to represent you indicating that your claims are legally and/or factually weak.

By contacting the other side in the manner that you did, you probably made any possible resolution or settlement more costly.

[Anonymous]

Have you contacted the contractor’s attorney INSURANCE?

[Anonymous]

You're going to spend $35K to get $35K. (In lawyer fees and by your own time.)

[Anonymous]

Anonymous wrote:You're going to spend $35K to get $35K. (In lawyer fees and by your own time.)

Probably. And by OP’s earlier post it seems she thinks someone else will pay her attorney’s fees. That is a really unusual occurrence and she shouldn’t count on that.

[Anonymous]

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

OP here
No. We have asked for it several times and he refuses to tell us.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You're going to spend $35K to get $35K. (In lawyer fees and by your own time.)

Probably. And by OP’s earlier post it seems she thinks someone else will pay her attorney’s fees. That is a really unusual occurrence and she shouldn’t count on that.

OP here, I thought the losing party pays the attorney fees?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're going to spend $35K to get $35K. (In lawyer fees and by your own time.)

Probably. And by OP’s earlier post it seems she thinks someone else will pay her attorney’s fees. That is a really unusual occurrence and she shouldn’t count on that.

OP here, I thought the losing party pays the attorney fees?

Only sometimes. And almost never if it settles out of court. This is a question you need to ask your lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're going to spend $35K to get $35K. (In lawyer fees and by your own time.)

Probably. And by OP’s earlier post it seems she thinks someone else will pay her attorney’s fees. That is a really unusual occurrence and she shouldn’t count on that.

OP here, I thought the losing party pays the attorney fees?

Rarely. https://www.nolo.com/legal-encyclopedia/attorney-fees-does-losing-side-30337.html

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're going to spend $35K to get $35K. (In lawyer fees and by your own time.)

Probably. And by OP’s earlier post it seems she thinks someone else will pay her attorney’s fees. That is a really unusual occurrence and she shouldn’t count on that.

OP here, I thought the losing party pays the attorney fees?

Nope. In this type of case only if the contract provides for fee shifting. And if you have a contract, it probably only provides for fee shifting if you stiff them for bills.

So what that means is this. If your lawyers bills are $30k and you win $20k, you have to give the lawyer the entire $20k plus another $10k and you have to pay all costs that the attorney incurs - court fees, experts, etc.

You by no means are guaranteed in coming out ahead even if you win.

[Anonymous]

Anonymous wrote:Have you contacted the contractor’s attorney INSURANCE?

This person lawyers. Always ask for proof of insurance BEFORE starting a project. We are building a deck. I have a certificate of insurance from my contractor’s insurance company, issued to me, before the contract was signed.