Feb 18, 2011

I’ve been the target myself, so I know what they are talking about. The reports I am receiving is that finding lawyers willing to take foreclosure defense cases is getting more difficult because of successful intimidation by opposing counsel. They are doing background checks on the lawyer, finding things that might be embarrassing or threatening them with other consequences like bar grievances, if they proceed in their defense of homeowners.

If you are in this position, write a letter to the Bar Association. Tell them that you are taking clients to assist them in foreclosure defense and that the opposing attorney has made threatening calls to you. If the threat was that they would report you for a violation of the bar rules, then ask them if you are in compliance (describe what you are doing). If the threat is exposure of some private matter then make sure you send a copy of the letter to the Bar Association regulating the attorney who called or wrote to you, and file a police report for extortion. File a Bar grievance against the offending attorney, and you can say, if you believe it, that this appears to be a policy of the firm to cover up fraud on the part of their client and in which they may be complicit by the creation or knowing use of fabricated exhibits.

You can also file a Motion for Contempt of Court or for Sanctions for the misbehavior of opposing counsel.

Then send a letter to the attorney and the head of his law firm stating precisely (without exaggeration) what was said or done. Tell them that you have reported the event to the appropriate authorities. Demand an apology and a withdrawal of the threat or complaint in writing.

If you don’t kick back, they win. They have nothing to beat you with in court. Their conduct, resorting to such low levels, obviously demonstrates the weakness of their position.