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Swift Resolution for a Wronged Client in Brooklyn Condo Sale

  • Colin E. Kaufman, real estate brokerage litigation

In a complex real estate market like Brooklyn, the sale of a condominium often involves substantial sums of money and requires careful legal oversight. Unfortunately, our client faced an unexpected and distressing situation when their attorney failed to remit their proceeds from the sale of their condo. Despite numerous calls and emails, the client did not receive the funds for over a year.

The client’s original attorney, entrusted with the closing of the condo sale, withheld the proceeds and proffered excuses. This prolonged delay caused significant financial strain and anxiety for the client, who was left in a precarious position with no clear resolution in sight.

When the client approached Adam Leitman Bailey, P.C., we immediately recognized the gravity of the situation and the necessity for a comprehensive and aggressive approach. We embarked on a multi-pronged strategy to recover the owed funds.

Adam Leitman Bailey, P.C. sent a demand letter to the attorney, warning that if our client was not given an accounting of the transaction and their money immediately, the attorney would be subject to disciplinary and potentially criminal action as well as a lawsuit.

When the demand letter went unanswered, Adam Leitman Bailey, P.C. filed a formal complaint with the Departmental Attorney Grievance Committee, bringing the lawyer’s unethical conduct to the attention of the regulatory body responsible for maintaining professional standards among attorneys. Recognizing the potential criminal aspects of the attorney’s behavior as a potential larceny after trust, we reported the matter to the County District Attorney’s Office.

To ensure an additional layer of pressure and a potential safety net for our client, we assisted our client in making a claim with the State Lawyers’ Fund for Client Protection, which provides compensation to clients who have suffered financial loss due to attorney misconduct.

Adam Leitman Bailey, P.C.then filed a lawsuit against the attorney to recover the proceeds, ensuring that all legal avenues were pursued to secure our client’s financial recovery.

The combined pressure from these coordinated actions proved to be highly effective. Facing scrutiny from multiple authoritative bodies and the threat of legal consequences, within three weeks after bringing our lawsuit forward, the attorney paid the client the full amount owed. This swift resolution was a testament to the firm’s dedication to its clients and the effectiveness of a strategic, multi-faceted approach in legal advocacy.

Adam Leitman Bailey, P.C.’s commitment to thorough and relentless representation ensured that our client received justice and the financial recovery they deserved.

Adam Leitman Bailey, P.C., was represented by partner Colin Kaufman, assisted by Kerstein Camilien (awaiting admission to the Bar).

Tags: colin kaufman, real estate brokerage litigation

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