Some years back, I owned a good sized track of land with several hundred front feet on the road that vacationers take to access the many fine beach homes located on the west part of Galveston Island.
In recent years, it has been the location of my friend Willie Payne's Re/Max office, but back then I owned a second brokerage company in Galveston called Resort Realty. Our offices were on the property.
We were doing well and mortgage and business start-up money were fairly easy to get, so I hired a Houston architect to design a strip center that would include our real estate office. We'd rent the remainder to other businesses.
As is usually required, we gave the architect a retainer fee. In this case, I think it was about $5,000. The remainder would be due when he completed the plans.
When he delivered the work of his efforts, it was very obvious he hadn't taken into account the setback lines, the floodplain issues, and on top of that, the building was substantially too long for the land.
I refused to pay him. He refused to redo the drawings and make them right. We were at a standstill, so he decided to sue me for failure to pay. The suit was filed in Harris County (Houston) where he officed.
By then, I had been in the courtroom a number of times, not being sued but as an expert witness for one client or another. I decided I'd not retain counsel, I'd represent myself. It's called "pro se."
I decided that if I lost the case, I'd hire an attorney and appeal. I just wanted to see if I could win a lawsuit that I thought should be a slam dunk for my side anyway.
The Harris County District Court was that of a female judge. The attorney representing the architect was also a woman. I wondered if this would have any bearing on the decision.
Nevertheless, I went on. I filed my General Denial, wrote my First Answer, and I went forward with discovery. Neither side took depositions. I had one witness who was with Galveston's planning department who would testify that what was proposed could not be built. The plaintiff's attorney had one witness, the architect.
On the day of the trial, about midway through, the architect's attorney asked to approach the bench. She said, "Your honor, this man's an attorney...maybe not licensed in Texas...but he's a trained attorney. He's testified that he's not. "
The judge asked me again, "Mr. Cherry, are you an attorney? Have you ever attended law school?" "No, your honor," I responded to both questions.
So the trial proceeded. And the judge ruled in my favor.
The opposing attorney broke down in tears, grabbed her brief case, and ran out of the court doors, even before the judge had concluded the hearing and dismissed those present. The judge apologized to me and to the others for counsel's behavior. (I believe the judge ordered the plaintiff's attorney to write the order for the court.)
For the record, I never took a chance like that again. And my recommendation to all others, as they say on TV as the stunt driver does a double flip in the Ford F-150, "Unless you are a trained professional, don't try this at home."
BILL CHERRY, REALTORS
DALLAS - PARK CITIES
Our 45th Year
214 503-8563
As my dad used to say, "Stick with what you know and are trained for, nothing else. But know who is the best person to hire for the other jobs!"
Hey Bill great story and congrats to you. I have rep myself in traffic court 3 times and am 3 for 3 ( to the good) knock wood
Yea, Charlie.
And Woody your dad was right. I figured the cost of an attorney would be about equal to the balance I would have to pay the guy if I lost, so there wasn't much risk. In the end, I saved about $8,000.
Hi Bill... Having read your writing and having met you, I have no doubt that you could handle yourself in court like a pro. Great story!
Hi Bill!
I bet that was a sweet victory! Good for you!
Bill,
I had a similar situation. A woman filed what I considered to be a frivilous lawsuit against me. I elected to defend myself. Fortunately the plaintiff's attorney was a complete idiot. I pressed the judge to sanction him for filing false information with the court. I also caught his client in a couple of lies while questioning her. I wanted purjury charges but the judge only wanted us out of his courtroom. He did openly reprimand the attorney and awarded me some financial damages. And yes Paula it was a sweet victory!!!
Steve and Paula, glad you like the story.
And Larry, congratulations!