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where does one stand legally when one is directed by strata manager to use a specific lawyer because they are” preferred” and one is given “the process to follow” and the lawyer named? The same strata lawyer who states ” you have to use me as the OC lawyer. ” i have always believed that i have the right to choose any professional/contractor especially when the said “preferred” lawyer has a history not compatable wih fairness and justice!
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Can you clarify – are you being told to use a specific lawyer for a matter relating specifically to you, or the OC?
In any case – for example if it is the OC and the EC is looking at who they might engage for a legal matter, they can look at any candidates they like (which may be subject to approval of the owners at a general meeting, depending on what it is and how much it will cost).
If it is you, then you can use whomever you like.
Agree with Scottie.
The one proviso would be if, for instance, you were trying to write and have ratified a by-law and the lawyer had previous experience of the scheme and/or the specific issue, it would be easier to do so and achieve what you wanted, and cheaper.
Otherwise, find the best independent advice you can get.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
To be honest you are being very vague. It would be helpful if you spelled out what the exact issue is.
From what you have said you have been told you need to have a by-law drafted by a lawyer nominated by the strata manager. You’re not obliged to do that. Aside from anything else, neither a strata manager nor an OC can interfere in a person’s choice of legal advisor.
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