Law Offices of Mickey Beisman

DEALING WITH THE DIFFICULT PRO SE OPPONENT - PART 1, WHAT TO PRESENT TO THE JUDGE

Almost every attorney has had to deal with a difficult pro se opponent at one time or another.

In general, these pro se opponents fall into one of two categories - one, the opponent who is genuinely overwhelmed by a legal system with unfamiliar rules and deadlines and two, the pro se opponent who uses his or her lack of an attorney as a weapon, refusing to respond to discovery, loudly proclaiming that everything is unfair because he or she has no money, refusing to produce documents and so on.

The question for the attorney is how to deal with this second type of opponent while still accomplishing what is needed for the client. The key to this situation is the Judge and what he or she thinks is required in order to ensure the pro se opponent is treated fairly.

In order to make decisions that ensure that not just the pro se opponent but that also you, as the opposing attorney, are treated fairly, the Judge must have all of the facts.

Sometimes the opposing attorney will hesitate to tell the Judge all that the pro se
opponent has done for fear of sounding as if he or she is bullying a party who is unrepresented..

I had a pro se opponent once who had given an address the Court that I used to serve her by mail. The mail was never returned. When I began personally serving her with written discovery, she was supposedly never at home and only left her house once she was sure the process server had left. I then began sending her copies by certified mail, return receipt requested. The post office returned the mail with the notation that there was no mail receptacle or forwarding address. Even the Court’s mail to her was returned with the same notation. As a last resort, I served her by email which was not returned.

The question for me was whether to let the Judge know every detail of the pro se defendant’s mockery of the legal system or whether to settle for just telling him that she had not responded to any discovery.

On the one hand, I could look like I was beating up on someone who did not have an attorney to ensure that she responded timely to discovery. On the other hand, the Judge needed to have all the essential facts to rule on the Motion to Compel that I had brought.

As it turned out, I revealed everything the pro se opponent had done to avoid service, and the Judge angrily lectured the pro se opponent that she must accept service and respond to discovery despite not having an attorney. He also awarded attorney fees for her failure to do so.

This, of course, does not guarantee the same outcome for every case, but it may be a caution to be sure when a pro se opponent is involved, particularly when the opponent is trying to take advantage of being unrepresented, that the Judge has the facts he or she needs to make appropriate decisions.

**** NEWS FLASH ****

• The Law Offices of Mickey Beisman has just finished a 7 day trial over 4 months in Taos, NM. This trial was over 6 years in the making. Whew!

• Working on an article on Pro Se Opponents. Will post it soon on Facebook and the website.

• Filing a claim against a bonding company can be complicated. We are working on several now.

• Still decorating for Christmas - takes longer thank you think!

ALERT

The New Mexico Supreme Court is set to rule on whether a dozen businesses across New Mexico will be able to proceed with their lawsuits seeking money from the State for their losses caused by the State’s COVID 19 restrictions and shut-downs. Although none of these lawsuits include construction contractors, whose work was deemed essential, the bottom line for the construction community in the state was also affected by the restrictions and shut-downs.

New Mexico contractors are in an awkward position because, ordinarily, for a loss outside their control, they would look to recover from the project Owner. Now, however, things are unclear. On the one hand, New Mexico contractors may be resisted by Owners who will claim the pandemic was an Act of God. On the other hand, the restrictions of the State and not the pandemic itself are responsible for the contractors’ losses. Once the Supreme Court decision(s) comes down, New Mexico contractors will know how and whether they may proceed against the State, rather than or in addition to Owners, for their losses. It is to the advantage of all New Mexico contractors to keep abreast of these events.

We are here to help.

Law Offices of Mickey Beisman updated their website address.

I was able to go to law school and able to accomplish what I have done in my career due largely, in part, to the women that came before me. Thank you Ruth Bader Ginsburg.

COUNSELOR IN DAYS GONE BY

Most people forget that a lawyer was once called a counselor — someone who counsels a company or an individual. Today, many lawyers troll the airwaves for clients - they slam their fists on desks, outwit an imaginary opponent on the phone, capitalize on a name that rhymes with another word, or offer people who have used a product the chance to join a lawsuit and make money.

Today, more than ever, companies and individuals need a law firm that offers reasoned counseling services. Every dispute does not need to go to court and every transaction, whether it is building a house or selling a property, does not need to end in conflict.

The Law Offices of Mickey Beisman offers counseling services. The attorneys approach counseling clients with the aim of suggesting strategies for dealing with problems. With a combination of over 60 years of legal experience, they can discuss and analyze the best strategy for a client, without aggressively taking action. In this way, the client and not the lawyer decides the strategy to pursue.

To bring back these counseling services, the Law Offices of Mickey Beisman offers a flat rate counseling package consisting of two hours for the client to bring up any issues and answer any questions the attorney may have and for the attorney to deliver a written summary of the meeting and specific strategies for dealing with the issues discussed within 48 hours.

The purpose of the counseling package is to isolate issues a client is concerned about and to offer the client a strategy to deal with these issues — just as lawyers have done throughout the history of law.

WHAT ABOUT AGENCY CONTRACTS
IN THE TIME OF COVID-19?

Contracts of every kind –contracts between public agencies and contractors; contracts for leases; contracts defining the terms for a franchise – underpin our society. The recent pandemic has destroyed the sense of certainty that used to come from contractual agreements, and now, additional terms, usually unwritten, are creeping their way into contractual agreements.

Even if the contracts involve references with set terms such as an agency’s specifications or Master Agreements covering other smaller agreements, terms and conditions are beginning to slide around like a disk on a frozen pond.

The first sign of a contractual problem begins now when one party wants to redefine a term because of circumstances that have arisen since the time the contract was signed.

An agency may define a term in its specifications differently than before and hold a contractor to the newer definition or parties in a smaller contract related to a larger Maser Agreement may give themselves more flexibility than the Master Agreement, which is incorporated, allows.

Because the parties to any contract can benefit from legal advice under these circumstances, the Law Offices of Mickey Beisman, which specializes in public and private contracts, offers a contractual analysis with advice concerning terms which are not in writing but which, because of COVID-19, are beginning to emerge as contractual concerns.

Our clients come first.

LAW OFFICES OF MICKEY BEISMAN
2201 San Pedro NE
Bldg. 2, Ste. 211
Albuquerque, New Mexico 87110
(505) 888-7978
[email protected]
[email protected]

The Law Offices of Mickey Beisman is continuing the proud tradition of the Beisman Family serving the needs of New Mexico. This tradition has been around since the 19th century. Check out the Beisman Collection, a historic collection of maps, instruments and surveys of old Las Vegas, at New Mexico Highlands University. Contact us for your legal needs.

COVID-19 AND CONTRACTS

An old saying in law is that “contracts give us the certainty that is lacking in life.”

Perhaps the saying should be “even contracts do not give us certainty.” With the outbreak and rapid spread of COVID-19, nothing appears to give us the certainty that contracts once offered.

Today, the efforts to combat COVID-19 have resulted in a challenge to many contracts - incomes that once seemed certain becoming at risk, and the terms of contracts that once seemed reasonable becoming a struggle to meet.

Unfortunately, in this atmosphere, parties sometimes try to impose terms that do not exist in a contract or plead inappropriate reasons for disregarding a contract.
In these circumstances, you need legal advice.

The Law Offices of Mickey Beisman specializes in private and public contracts with an emphasis on terms and conditions in this COVID-19 environment. We will analyze a contractual situation and make prompt recommendations that will allow you to know your rights and liabilities before you take any contractual action.

Our clients come first.

LAW OFFICES OF MICKEY BEISMAN
2201 San Pedro NE
Bldg. 2, Ste. 211
Albuquerque, New Mexico 87110
(505) 888-7978
[email protected]
[email protected]

WHAT TO DO IF YOUR COMMERCIAL LANDLORD WANTS FINANCIAL INFORMATION

In these times of COVID-19, everyone is under financial pressure.

Agreements that were reasonable before COVID-19 are coming under scrutiny. Although it is true that “we are all in this together,” it pays to be cautious not to commit to revealing company financial information in the guise of working out more lenient lease, purchase or other types of agreements.

If you are asked to share financial information in the interest of working out lower payments or a relaxed timing schedule, it will pay to consult a professional first. The Law Offices of Mickey Beisman specializes in private and public contracts with an emphasis in terms and conditions in this COVID-19 environment.

We will analyze any request made of you and make a prompt recommendation that protects your interests while allowing you to negotiate intelligently.

Our clients come first.

LAW OFFICES OF MICKEY BEISMAN
2201 San Pedro NE
Bldg. 2, Ste. 211
Albuquerque, New Mexico 87110
(505) 888-7978
[email protected]

Working hard on a Court filing. Always taking care of our clients.

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