attorney

Look at Me Now: Defendants Aren’t Always Guilty

A week or so ago, I received an email invitation to attend Alumni Weekend at my law school alma mater, the Temple University Beasley School of Law. And because this is my class’ Silver Anniversary year, there is additional hoopla planned for us. Attached to the email was a list of all of the members of the class and their current contact information.

Glancing at the list, I was surprised at how large the class actually was on the one hand and how few of the names I actually recognized on the other. Our class includes a former US Congressman and a current one, senior partners at large Philadelphia law firms, Federal and State Court judges, top homicide prosecutors and criminal defense attorneys, and a surprising number of married couples. Who knew law school was such a “meet” market?

Law school, of course, is a much different experience than a resident college where you’re interacting with classmates continually: in class, in the dorms, in the dining hall, in the gym, on the quad and at off-campus student hangouts.
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When Attorneys Amend Your Agreement

One of my home inspector clients contacted me the other day for advice on what to do about a prospect whose attorney had lined out in its entirety the portion of his Inspection Agreement that a. required binding arbitration and b. required claims to be brought within one-year of the inspection.

In his transmittal email to the inspector’s prospect, the attorney wrote the following: “The stuff below that I red-lined should be removed. I don’t have a problem for him not to be responsible for stuff he does not inspect. Any questions let me know.” Italics mine.

And I, for my part, do not have a problem with this lawyer lining out those two items, especially if the inspector can exact a higher inspection fee as a result. Here’s why.
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Wait, Wait, Don’t Tell Me

There’s a memorable scene in the Coen Brothers film Blood Simple where a character named Marty played by Dan Hedeya is trying to hire a private investigator played by Emmett Walsh to kill both his unfaithful wife and her lover. But Marty keeps beating around the bush about the nature of the engagement. Finally, Emmett Walsh drawls “Can you tell me what you want me to do or is it a secret?”

I am constantly being reminded of that scene whenever I read demand letters from attorneys that fail to make even a pretense of articulating any sort of legal theory of liability upon which a claim against the home inspector could possibly be based. You would be surprised how often that happens. In my experience, about fifteen percent of the time.

Recently, a home inspector in New England contacted me after having received a number of letters from an attorney over an inspection that he had conducted on a colonial era home. While the letters all seek damages in the low five figures, not a single one of them lets on what the inspector missed or what needs to be repaired. Just a demand for money.
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Should You Refuse To Do A Home Inspection For An Attorney?

That’s the title of a discussion I ran across on one of the many Home Inspection Group Forums on LinkedIn. The difference of opinion and experience expressed by inspectors who responded to the query was all over the map.

One inspector who has never refused to perform an inspection for a lawyer has never had a lawyer client so much as glance at the inspection agreement before signing it. A second inspector had a couple who were both lawyers crossing out clauses in the contract that they could not abide. The inspector stood his ground and, when the lawyers also refused to budge, he walked.

Another respondent actually likes working with lawyers because, he says, they understand the need for limitations and are generally thoroughly impressed with the comprehensiveness of his work product, notwithstanding those limitations. And, he added, you can’t overlook the marketing value of having a satisfied client whose endorsement is likely to carry considerable weight.
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