This situation just developed in the last hour… my friend is the leaseholding tenant in a house w/ multiple roommates. He is trying to evict a bad roommate who hasn’t paid rent for 5 months & has a vicious dog. The actual case is in criminal court because the guy stole my friend’s mail in order to find out what my friend’s lawyer was planning. (the proof: he responded to the summons, with the case #, before he was served!)
The guy has made spurious counter-charges that my friend is growing pot & there are no batteries in the smoke alarms. My question is pretty simple:
The attorney he hired is apparently advisory-only & can’t appear with him in court. So I am going. It’s a jury trial. Can I sit with him in the plaintiff box? Can I advise him in court? And can he as the plaintiff cross-examine? Can I pass him notes of what to ask? He is bound to be hysterical, but he is in the right.
Suggestion: give country, province, state, etc. so that ppl who are familiar with laws in your locale can be more specific.
I’ve heard that eviction hearings usually don’t involve lawyers, but I didn’t think that meant they COULDN’T go. But if the lawyer did go he would naturally be paid for that time, so maybe your friend wasn’t willing to ask him to appear?
If it’s true that lawyers usually don’t go to such things, I’d imagine there’s DIY info on the net for your location that may answer some questions.
I would imagine pressing charges for theft of his mail would have some teeth, and make his occupancy of the house in question irrelevant if sent to jail. Theft of mail for the purposes of gaining advantage in court has got to have some kind of ugly consequences.
My only two suggestions would be to contact your local housing authority as they may be able to give some advice and your local bar association for the same reason.