My Beef With Some Foreclosure Defense Lawyers in Florida Part 2

Earlier I wrote an article on My Beef With Some Foreclosure Defense Lawyers.  My beef continues.

Recently I read an blog entry from a high-profile defense lawyer, and this lawyer proceeded to take their client to a foreclosure trial.  Let’s forget for a second this client or client(s) had to take a full day off of work to attend court.  Let’s forget for a second that the client/clients had to pay this lawyer to go to trial extra- likely $2,500-5,000+ in extra fees just for trial.


Why take you client(s) to a trial that you have 2% or less chance of winning?


This is obviously not about just 1 particular lawyer, but a group of high profile lawyers in Florida who have decided to try to “stick it to the man/bank”; and rather unsuccessfully the majority of the time.  It truly begs the very real question of whether this group of lawyers became high profile in the first place on their clients’ backs (or houses in this case).  One only becomes newsworthy for doing something radical or unconventional in the public eye, not hammering day in and day out getting settlements for your clients to keep them in their homes.  Not accusing all others of being “pretender defenders” as if their method is so wrong.  


So it truly begs the question whether these group of lawyers are truly looking out for your interests, or if you are just the next grandstand in court or appellate court to get them recognition in the industry.  Definitely question the motive of your lawyer as a client, and ask questions.

Back to that blog entry.  This lawyer went to trial and was cross-examining a bank witness, and raised some (rightful and good) objections about a document not being in court that this witness was testifying about.  Surely it was at least a line of questioning with merit.  The judge overruled this and admitted the document into evidence sinking the homeowner’s case completely on the last issue he/she could have potentially won on.  


What happened after dozens of hours preparing for trial and the client paying for it, out $2,500-5,000+ in trial fees?  The homeowner was forced to take a loss and a 30-45 day sale date or agree with the bank before it won the trial to a much longer extended sale date; the same exact result that could have been gotten in 30 minutes of work without the client taking a day off work to be in court, and without paying the lawyer a large sum of money.

I just do not understand this move, and find it irresponsible in many ways.  Do you want to gain fame or fees or…..what?  I am not sure.  But these are the very same lawyers who call the others “pretender defenders” who do not fight for their client(s).  Yet we all end up at the same result in the vast majority of cases, just our way is cheaper and less stressful on the client.  I would much rather save my client thousands of dollars and time off work that they cannot afford to take already being in a financial hardship.


Again, I am not advocating to not use any particular lawyer. There are some out there who truly believe that they can prove the bank’s evil and are willing to do so at all cost.  More power to them as it is their home and money to lose.


But please at least ask yourself whose interest your counsel is looking out for?  Saving you money and getting you a good result, or charging unnecessary fees to get to the same result while risking your house in the meantime.

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