How do I know if someone is indeed a lawyer representing someone?

[dedyaga]

I am in Georgia, and I am renting out my house. After last tenant moved out, we discovered some damages to the carpet etc. and I sent her a letter requesting payment for damages in excess of her security deposit.

About 2 weeks later, I received a letter from a law firm in Tennessee. This letter was signed by a person who did not identify herself as an attorney, nor was I able to find her name in the lists of the bar associations in Tennessee or Georgia. However, in the end of the letter she demanded that any further contact should be directed to her and I should not contact the ex-tenant directly.

So, my questions are:

1) If the person who sent me a letter is in fact an attorney, can she be representing my ex-tenant (who is in Georgia, as is my house) being in Tennessee? If she can, is she required to properly identify herself as an attorney for my ex-tenant in her first communication?

2) If the person is not an attorney, is it legal for her to send letters on behalf of other? What can I do - talk to one of her firm's partners, talk to the bar association?

Thanks!
-Michael.

 

[peanuttt118]

I am in Georgia, and I am renting out my house. After last tenant moved out, we discovered some damages to the carpet etc. and I sent her a letter requesting payment for damages in excess of her security deposit.

About 2 weeks later, I received a letter from a law firm in Tennessee. This letter was signed by a person who did not identify herself as an attorney, nor was I able to find her name in the lists of the bar associations in Tennessee or Georgia. However, in the end of the letter she demanded that any further contact should be directed to her and I should not contact the ex-tenant directly.

So, my questions are:

1) If the person who sent me a letter is in fact an attorney, can she be representing my ex-tenant (who is in Georgia, as is my house) being in Tennessee? If she can, is she required to properly identify herself as an attorney for my ex-tenant in her first communication?

2) If the person is not an attorney, is it legal for her to send letters on behalf of other? What can I do - talk to one of her firm's partners, talk to the bar association?

Thanks!
-Michael.

Hi Michael - your state probably has a Landlord Tenant office that will help with these matters - look up in yellow pages or on the web to find out what assistance they can provide. I know here in MD they provide free mediation with Landlord Tenant issues.

Good luck!

 

[JETX]

Rather than send you off on a 'wild-goose' chase as the other poster is doing... ANSWERS:

1) If the person who sent me a letter is in fact an attorney, can she be representing my ex-tenant (who is in Georgia, as is my house) being in Tennessee?

Yes, but absent bar privileges in Georgia, the attorney has no legal standing there.

If she can, is she required to properly identify herself as an attorney for my ex-tenant in her first communication?

No. But absent some evidence that she is in fact an attorney, I would ignore her request to communication. Send her a very nice letter or FAX stating that "without a valid attorney representation on her part, due to privacy concerns, you will only communicate directly with the other party".

If the person is not an attorney, is it legal for her to send letters on behalf of other?

Yes, there is nothing to prevent a friend or anyone else to try to help someone out of their problem. However, if they claim to be an attorney and they are not, file a complaint with the TN bar 'Unauthorized Practice of Law' committee.

What can I do - talk to one of her firm's partners, talk to the bar association?

Wait a minute!!! This is the first you have said anything about her 'firm'!!! Contact the firm and let them know that they have an employee who is implying to be an attorney and to represent their firm.