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 LAWYERS AT
MEMBER
DISCIPLINARY HEARINGS
QUESTION: We have an owner who is
demanding the right to bring a lawyer to his disciplinary hearing. The hearing
is about his Pit Bull that snapped at two owners in the past thirty days. Does
the owner have a "right" to bring his lawyer?
ANSWER: No,
he does not have a "right" to bring a lawyer. Boards may set their own policy
about allowing or disallowing lawyers at disciplinary hearings.
1. Allowing Lawyers. Some
associations adopt the
superior court model and allow owners to have representation.
The benefit is that owners feel their rights have been
protected. The downside is that lawyers intimidate boards and drive up legal fees.
Generally, boards want the association's legal counsel to be present if the owner's lawyer is attending.
Under this model, if an owner unexpectedly brings a lawyer, the
board may continue the hearing to a later date so the association's lawyer can
attend.
2. Prohibiting Lawyers. In the
alternative, associations can adopt the
small claims model of prohibiting lawyers. This
minimizes intimidation and reduces legal fees.
RECOMMENDATION:
My own office is divided on the issue with some in favor of allowing
lawyers and some opposed to the idea. Whichever model the board chooses, it should
adopt a written policy regarding its hearing procedure.
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Sincerely
yours,
Adrian Adams, Esq.
Adams Kessler PLC |
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