Yes, I notice that you are a member of the Texas bar. Give them the poster your Texas registration number so that when he relies on your legal advice, he can attach your assets if something is more complicated than you realize from your cursory examination of what was posted. Of course, you have read TX statutes, read the contract in detail, know the attitude of the local judges, etc.
I'm sorry, but you will have to show me where I gave anyone legal "advice." I related to the OP the same information he could find in any NOLO Press book... and you know it. I also suggested mediation, which anyone can do, and certainly I, a Certified Mediator, should do.
Sorry, of everyone who posted, I thought your post was the worst because you know better. A law degree does not mean you can practice law without a license.
I didn't "practice" law... and YOU should know that. I can answer any question, posted publicly, so long as I am not soliciting business or payment. If it is an unlawful detainer matter, I can answer that... "in California"... under the B&P Code, due to MY credentials.
All the other posters were trying to be helpful which is honorable. It is not their "fault" that they don't understand the complication. But, of course, you carry substantial malpractice insurance. I find nothing "bad" in offering to help if one does know the rules.
I know the rules, dear one. I'm not sure you do, though. People ask "legal" questions on forums like "Ask.com" and others all the time. I am a responder on a forum geared specifically toward low-income/Section 8 and related "legal" questions... due to my certification as a Fair Housing Specialist. I don't hold myself out to be a lawyer; I simply have about 25 years of working as a housing administrator, with a long list of certifications that "qualify" me to respond to random questions involving housing, leases, unlawful detainers, and fair housing. Unfortunately, YOUR line of law (civil rights) apparently hasn't given you much insight into this. I realize that many (most) lawyers resent it that paralegals and others can in fact "assist" and even give advice in some areas but, hey, that's what the law permits... and I didn't make the law.
I could go on about your legal expertise but I won't to be nice.
No, please... do. Go on. I'm not sure you KNOW, but feel free, if you're feeling froggy, to give it a shot...
Expertise or no legal expertise, it is wrong to give legal advice without being admitted in that state and establishing a lawyer/client relationship to preserve confidentiality, attorney work-product, and privilege.
You obviously didn't read the Code section I cited. Now, why doesn't that surprise me?
If my area of law was landlord/tenant, I would just say see a landlord/tenant lawyer for a consultation.
That's you. Me? I would offer a way for the dear OP to save his money. I mean, he's already gonna pay out the nose, which he's shared that he's having problems with. So, I suggested mediation... which is entirely appropriate. Heck, YOU should have suggested it. But, well, gotta keep that moola n the "family," don't we?
Criminal charges may be pending.
Criminal charges?? Oh, you mean because his girlfriend was, say, cooking meth... instead of, say, dinner? And they're staying around to work it out with the landlord? Ummm, yeah, okay, right...
The situation has several issues that can complicate matters. It is not the same as about being $10. late on rent (which my landlord claims I am). I won't be running to a lawyer for the $10. late charge but I'd run as fast as I could for these matter. A property professor would not give legal advice here.
First, I don't think that the fact that, although a lawyer, you RENT... makes you much of an expert in landlord/tenant issues. Second, a property professor pretty much knows "common law" property and landlord/tenant issues... and maybe a little commerical leasing stuff. Very few know residential rental laws. On the other hand, housing administrators/certified property managers... with over 20 years of experience, again a long list of certifications in the field, that has been called to testify as a housing "expert" in court, AND has a law degree... might know a LITTLE sumpin-sumpin. Including that simply trying to help a "friend" isn't going to land her in jail... or keep her from being admitted to the Bar.
A character committee might be interested in a potential lawyer giving legal advice without an instate admission.
I dunno. Given my last discussion with that Committee... they've got a lot more than something like that to worry about. But, hey, if you feel I've overstepped my "moral" obligation, here... give 'em a call.
This is not Holy Spirit time. Some things are wrong, particularly if you have notice that they are wrong.
Seriously, dear BOTR... you really need to consider taking that "I'm a lawyer" stick out of your... well, you get my gist. Someone here asked for help... and I offered what I could, legally. That it offends YOUR sense of... well, "good lawyering," is, well... something YOU might want to deal with (I mean, why do you even CARE?). I stated nothing wrong, inaccurate, misleading, dangerous, or [potentially] harmful. Nothing that violated anyone's right... or might lead them to lose their rights. I never said "You don't need to/shouldn't consult an attorney." I did, again, suggest mediation. And, again, the OP stated he had access to free legal counsel so... again... it's a MOOT issue.
Get a grip, girl. I get it that lawyering is YOUR entire life. It isn't everyone's, though. Something you might want to think about.
As always, peace to you (and THANK you, BP, for trying to calm dear BOTR down. Lord knows, she needs it, right now...).
SA, on her own...
