Landlord Tenant and the Corporate Defendant

In my last post talked about how individual defendants and corporate defendants can approach the legal system differently. And how this creates a different market for individual services and corporate (small business services). So lets apply it as a case study.

Not a client calls and says he has been served with Court Documents. He can’t explain what th4y are so I say scan and email to me. He of course, just takes a picture, and I have to strain my eyes to see what is going on.

What he has received is a “CLERKS NOTICE OF UNLAWFUL DETAINER COMPLAINT” which is essentially a courtesy letter from the Court saying “hey you’re being evicted.” This is both a blessing and a curse, because sometimes, the Landlord Processor Servers are liars, and pretend to serve you when they didn’t and this letter from the Court is a away to put you on notice that something important is going on. On the other hand, when you later claim you didn’t get notice, the Judge can look at the CLERKS NOTICE OF UNLAWFUL DETAINER COMPLAINT and knows at the bare minimum, the Court sent you a letter.

However the key thing is that you may receive the letter before you actually get properly served by the process server. So that gives you time to get prepared.

So for this particular caller, I read the notice, I know what is going on , and I do the typical thing, and say “You are being evicted. This is the Clerks Notice. If you haven’t been served with any other paperwork , they are probably trying to serve you right now. You need to file Answer w/5 days of being served. ” Yes, I’m an artist. Then I realize I’m also a marketer, so I write “Would you like our help filing an Answer?” and then the ever popular “Would you like to schedule a Time for Consultation?”

And of course, this person responds “How much is it going to cost?:

And of course, like an idiot I tell him. Which is bad marketing. I should have brought him in for a consult. Asked them about their day, asked them how there dog is going, and then did the script where we talk about their goals, and what would be a happy result. Except in a Situation like this there isn’t that much to talk about. You are being sued, you have 5 days to answer, and then because its an expedited proceeding where you can in theory be in Trial in front of a judge in 21 days. Not always, but its quick. enough, and people in these situations are pretty price conscious, so spending time with someone who is going to choose almost entirely on price is usually a waste of time.

And there is another problem, the typical client has a misconception based on how Individual consumers approach the case and how a corporation can do so. Because as we discussed before the Individual can unbundle, and the Corporation generally can’t.. So, if a individual says “How much for an Answer, I can completely unbundle them, and charge jack nothing. And so can non-attorneys S99.99 and you can stick a piece of paper into the court, and get a trial date.

But what about a Corporation in Unlawful Detainer Court. . Like I discussed in the past blog, the Corporation being a fictitious entity needs an Attorney to do anything in Court. And which means once the Attorney is in, the Attorney is in. As such, any time you bid you have to factor in everything that goes into the representation. And callers don’t get it. They see paralegals offering to file an answer for $100/200/300 and then are shocked by the fact that the attorney needs real money to represent the Corporation. So lets discuss it.

You have to understand that the Unlawful Detainer is a real lawsuit, and results in a Real Trial. However, the issue is “right to possession” and for most situations, the issues pretty straight forward, did you pay or did not pay, and is the Unlawful Detainer legitimate? But its still a trial. So when you bid on a Corporate Eviction you have to include everything that includes.

So in a Unlawful Detainer, you have to file a response, usually an Answer, sometimes a demurrer. but some response. That buys you the ticket to actually get a date with the Judge. Like every Lawsuit, you can do discovery. Not a lot, but some, and there is some standardized discovery you can do. And eventually go in front of the Judge and have a trial. And for some people that’s a 10-15 minute event But if you have real issues, than it can be several hours. And require a Trial Brief (an explanation of the issues) and other preparation.

So I probably should have done something like this:

• Filing Fee $400-450
• Due Diligence Consultation J $300
• Answer to Unlawful Detainer Complaint $300
• Call to Landlord Attorney to attempt to Settle Case$105 to $350
• Post Call to Landlord Call to Client $105 to S359
• Misc. Negotiation with Opposing Landlord Attorney. $106 to $350
• More Misc. Consultation with Client $105 to $350
• If an Agreement is reached: Draft Settlement Documents and.or Review Settlement Documents $350.
• If Settlement isn’t reached, brainstorming with client on defense. $350.
• If you want discovery $350
• If we have to answer discovery $500
• Trail Brief $475
• Attend Trial $750
• Post Trial Work $360
• Yada Yada.

Would this had made the Client happier, probably not, but at least then he would understand that the retainer does more than the unbundled price he thinks he is seeing on the consumer individual market side. Though that requires the client to actually care about nuance, and not be hypersensitive to “price”. Or in this case “cost”.

While individual clients may benefit from unbundled services, corporations require comprehensive legal representation due to their fictitious entity status.

The key takeaway is the importance of understanding the true value an attorney brings to the table. In the intricate process of responding to an Unlawful Detainer complaint, legal expertise becomes an invaluable asset. A transparent breakdown of fees and services ensures that clients grasp the depth of their representation, facilitating informed decisions.

Ultimately, whether an individual or a corporation, having an attorney is not just a necessity but a strategic advantage. It ensures a thorough and effective defense, addressing the nuances of the legal system and maximizing the chances of a favorable outcome. If you find yourself navigating Unlawful Detainer proceedings, consider consulting with an attorney to empower your position and protect your rights.

Don’t face the challenges alone – let us guide you through the process, ensuring that every aspect of your defense is diligently addressed. Reach out today to protect your interests and secure the best possible outcome in your Unlawful Detainer case. Your rights matter, and we’re here to safeguard them. Contact Attorney Thomas Hrouda at (951) 212-5163 to take the first step towards a well-informed and robust legal defense.