Lawyer calls and says 'Hey, can I stop by and ask a question, about something different from what we are working on?'
I was intrigued... 'Sure'
He's there in two minutes with a mission impossible single lot development he's been working on for years. 'Could you determine the limits of the lot by the subdivision plan?'
It was a little vague. The common boundary between this and the adjacent lot is the limit of the salt marsh along this lot, but the limits of the salt marsh off this lot are contained within the next lot. I verified it by scale, then opened an old CAD file with the lot and checked the area.
The lot is not abutting another piece of land that his client owns and therefore could meet a zoning grandfathering based on a single lot held in ownership not in common with any adjacent lot.
He asked if he had Town Counsel call and ask me about this if I would answer his question. I replied that I would. He stated that he believed he had Town Counsel convinced that the lot is buildable.
He then told me of another surveyor who has most recently performed work on the subject property. I asked 'Why don't yo go to him for this question?' He replied, 'Well, I might get a bill from him.'
Slightly disturbing and it was on my mind all night.
I had an e-mail from him today regarding our mutual project with a PS thank you for your time. Having thought about his potentially grandfathered lot I asked how his grandfathering applies because the subdivision road had not been constructed within 8 years of approval or before the zoning change that caused the lot to be nonconforming and therefore the lots should not have been released and therefore the grandfathering has long expired. Also the proposal is in direct contradiction to case Gove v. the Zoning Board of Appeals of Chatham. (This lot is in Chatham and was almost exactly the same scenario. The SJC upheld that the zoning change applied and the lot was unbuildable)
He replied, 'What's Gove?"
I sent him a copy of the Supreme Judicial Court decision and I have not heard back.
My questions:
If or when Town Counsel calls,I plan to tell him that the lot is disjoint from the other lot held in common ownership.
Should I ask him about the expiration of the grandfathering due to the failure to construct the road?
Should I then ask if Mrs. Gove could now build on her lot with the same circumstances? Town Counsel is new and perhaps has not reviewed the Gove case.
It would feel good... Miserable lawyer not wanting to pay some short money for some consultation finds himself losing a six figure contingency fee because some aggravated surveyor knows a few things he is either ignoring or does not know about.
The lot in question: 
Q: He asked if he had Town Counsel call and ask me about this if I would answer his question.
A: I would if I had a check for a retainer in the amount of ____ in hand and a formal request from a client.
Gove is/was my firm's client. If Town Counsel ultimately dismisses the SJC case (not sure how) Gove's lot would be worth a whole lot. Probably worth a finder's fee. I would certainly recommend a family member act as realtor.
The owner of the lot in question was once a client as well. He's been through several surveyors and several attorneys over the years with this mission impossible case.
In a Small Town Small Favors often pay off bigger than Small Fees.
> In a Small Town Small Favors often pay off bigger than Small Fees.
Well, I think that freebies are as a rule a poor policy. People only value what they pay for and that attorney is seeking your opinion because it is thought to have value. Giving it away only debases that value well beyond the instant need.
I'd ask for a retainer and a letter describing the scope of the services to be performed since there are ethical issues to be navigated. The amount of the retainer is up to you, naturally. If you don't think your expertise is worth much, you would be perfectly justified in not expecting to bill much for it.
Stopping By And Asking A Question Is Consultation...
even lawyers do that for free (in order to get a client).
Answering questions of the town council is rendering a professional opinion. A fee is required, very likely per your state's ethics code.
Be careful that you are not guilty of slander of title. This lawyer wants to make money off someone, don't make it you.
Paul in PA
Reminds me of a joke
I think Walt Robillard told it at a seminar.
Anyway,
A doctor and a lawyer are chatting at a party. Another guy who recognized the doctor came up and said, 'Excuse me Doctor, but I have this strange problem" and continued to describe the ache and pain he was having. The Doctor told him what he thought the problem was and how to handle it, and suggested that he come in if that didn't work. The man thanked him and walked a way.
the doctor turned to his friend and said, "Gee I wonder if I send send that guy a consultation bill".
The Lawyer, told him "Of course, he wanted your expert advice and you gave it to him."
So at the end of the month the doctor recieve a consultation bill arrived in the mail from the lawyer. 😛
Stopping By And Asking A Question Is Consultation...
The attorney is well aware that I will typically withhold invoicing a di minimus consultation of this nature. He is also well aware that my fees exceed those of the other surveyors in the area for a complete set of services.
Stopping By And Asking A Question Is Consultation...
I have learned that when you give someone a benefit, let them know what the value of that benefit is. Without doing this they never really understand the value they've received, so;
Send him an invoice for your time, but give him a Professional Discount equal to the bill. You'll be basically letting them know what the value of your opinion was, and additionally you'll be showing them personal generosity.
As far as the Town Counsel goes, give him / her all the information you can. You are obviously held in high esteem so don't diminish your status.
Haha Thadd. I'm not sure what your point is but I've been all over this years ago.
Personally, I would answer the questions asked completely, but would hesitate offering legal advice.
A conversation that commented that I was interested in how this might retroactively affect Gove, might happen too. It would be pure speculation, and me satisfying my professional curiosity. Kind of a quid pro quo of him offering his professional opinion for my education, in exchange for my professional assessment.
> Haha Thadd. I'm not sure what your point is but I've been all over this years ago.
And we went over it before that attorney was involved. We prepared a site plan in 1999 for the guy to try for approval. He chose the right lawyer, Never Give Up, Never Surrender, Never Stop...
