Re: [RPPTL LandTen] Public Harm? UPL?
body{font-size:10pt;font-family:arial,sans-serif;background-color:#ffffff;color:black;}p{margin:0px;}Hi-I forwarded it to the UPL division- Fla Bar- for their review.
Adrienne
ADRIENNE F. PROMOFF, P.A.
Museum Tower * Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33130
Tel: 305-374-0102 Fax: 305-692-3086
Email: apromoff@mindspring.com
NOTICE: This e-mail is from an attorney and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of this firm, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything in reply that you intend to be confidential. If you properly received this e-mail as a client, co-counsel or consultant, you should maintain its contents in confidence in order to preserve the attorney-client privilege or work product exclusion that may be available to protect confidentiality.
-----Original Message-----
From: Harry Heist
Sent: Jan 16, 2012 11:25 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Public Harm? UPL?PREFIX = [default] http://www.w3.org/TR/REC-html40 NS = "http://www.w3.org/TR/REC-html40" /<ZZZ!--
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-->prefix = o /I had to share this classic with the group. Thank you Florida Bar for creating these forms and thank you Supreme Court for allowing this to occur in Florida. Outrageous. http://www.throwemout.com/His Three Day Notice is not even correct nor is it the Supreme Court form. No spot for the County.
He is claiming that he does not provide legal advice but there is legal advice right in the site itself.
I guess you can give "Legal Advice" but as long as you say "This is not Legal Advice" it is no longer legal advice. http://www.throwemout.com/how-it-works/faq
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.comTHIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
The whole UPL, Supreme Court Approved forms and document preparing company baloney should be revisited.
Thousands of cases are filed improperly due to the "advice" or lack thereof given by these people hurting the public, hurting the attorneys and burdening the court system with cases that must be dismissed and refilled.
The Florida Bar did a great disservice to the Bar members when it basically created quasi wannabe lawyers hurting the small practitioner especially.
On occasion I call these document preparers using *67 posing as a landlord and ask them all kinds of legal questions and they all blurt out their advice without fail. I don’t bother filing a UPL complaint that will simply result in a letter from the Bar and a Cease and Desist a year later.
The only way to stop it is to not allow it anymore and have the owner or agent sign an affidavit with each filing stating that they prepared the documents themselves and did not receive any assistance by anyone other than an attorney.
Not only are these document preparer preparing and advising BUT they also are Process Servers in many case who have a direct interest in the outcome of the litigation and have an incentive to NOT serve the Summons and Complaint properly.
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Adrienne F. Promoff
Sent: Tuesday, January 17, 2012 2:27 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Public Harm? UPL?
Hi-I forwarded it to the UPL division- Fla Bar- for their review.
Adrienne
ADRIENNE F. PROMOFF, P.A.
Museum Tower * Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33130
Tel: 305-374-0102 Fax: 305-692-3086
Email: apromoff@mindspring.com
NOTICE: This e-mail is from an attorney and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of this firm, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything in reply that you intend to be confidential. If you properly received this e-mail as a client, co-counsel or consultant, you should maintain its contents in confidence in order to preserve the attorney-client privilege or work product exclusion that may be available to protect confidentiality.
-----Original Message-----
From: Harry Heist
Sent: Jan 16, 2012 11:25 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Public Harm? UPL?
I had to share this classic with the group. Thank you Florida Bar for creating these forms and thank you Supreme Court for allowing this to occur in Florida. Outrageous. http://www.throwemout.com/
His Three Day Notice is not even correct nor is it the Supreme Court form. No spot for the County.
He is claiming that he does not provide legal advice but there is legal advice right in the site itself.
I guess you can give "Legal Advice" but as long as you say "This is not Legal Advice" it is no longer legal advice. http://www.throwemout.com/how-it-works/faq
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
I just refused to work for a property management company who uses her attorney to hold all the tenant's Security Deposits and also has all rent deposited into their attorney's account. The attorney then disburses it to the owners and the property management company and charges them a fee for this.
In light of the Ira Hatch debacle http://www.verobeach32963.com/STORIES%202010/JANUARY/vb63_IraHatch_issue4_012110.html I feel this is a poor idea and wonder whether it is even proper for the attorney to be receiving rents and disbursing as he does. It sounds like a Trust Account nightmare. and in a sense, he is acting as a property manager presumably using his Trust Account.
The reason is that the property manager feels she is "safe" having the attorney handle the funds like this.
Thoughts?
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
I would appreciate anybody's opinion on awarding attorney fees on this case. I filed an eviction case in May of 2010. After several hearings, the Judge signed an order granting his involuntary dismissal of the case on Oct 10, 2010. I filed a new eviction case which eventually gave my client possession. There was $3600 in the registry of the court deposited on the old case. I motioned the court to release these funds to my client on Oct 7, 2011. The argument from opposing was that the court did not retain jurisdiction in the old case. The judge decided to establish jurisdiction for the purpose of my motion for release of funds and ordered that the funds be disbursed in equal amounts between both parties. Opposing has filed a motion for attorney fees based on FS 83.48 which is being heard tomorrow. I don't find anything that would permit the court to award opposing attorney fees. Any help would be greatly appreciated. Thanks
Beverly R. Barnett, Esq.
Thornton, Torrence & Barnett, P. A.
6709 Ridge Road Suite 106
Port Richey, FL 34668
727-845-6224
The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by returning the original message to us. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, January 17, 2012 3:38 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Escrow and Rent Issues
I just refused to work for a property management company who uses her attorney to hold all the tenant's Security Deposits and also has all rent deposited into their attorney's account. The attorney then disburses it to the owners and the property management company and charges them a fee for this.
In light of the Ira Hatch debacle http://www.verobeach32963.com/STORIES%202010/JANUARY/vb63_IraHatch_issue4_012110.html I feel this is a poor idea and wonder whether it is even proper for the attorney to be receiving rents and disbursing as he does. It sounds like a Trust Account nightmare. and in a sense, he is acting as a property manager presumably using his Trust Account.
The reason is that the property manager feels she is "safe" having the attorney handle the funds like this.
Thoughts?
Harry
LAW OFFICES OF
HEIST, WEISSE, DAVIS & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.