· If you or someone you know is in need of legal advice, regarding their case in the Clearwater/St.Peterburg/Tampa Bay area, contact one of your Clearwater personal injury attorneys at Dolman Law Group Accident Injury Lawyers, PA. Our number is (727) 451-6900. Dolman Law Group Accident Injury Lawyers, PA. 800 North Belcher Road.
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).
If you're wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.
an opposing lawsuit: an opposing lawsuit especially : a claim asserted by an opposing party in a lawsuit (such as a defendant) against the party bringing the original lawsuit (such as a plaintiff) : counterclaim decided to file a countersuit against her accuser The current appeal results from a patent infringement suit and countersuit ...
A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition. A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989).
First and foremost, it is important to understand that one cannot sue somebody for suing them. This is a common mistake made by angry litigants who represent themselves. One must have a valid legal theory when suing another party, and simply being angry over a lawsuit does not qualify.
To stop a vexatious individual litigant issuing repeated applications, a party can apply for an Extended Civil Restraining Order (“EXCRO”) against them.
A Counter-claim is “a claim made by the defendant in a suit. against the plaintiff”. 1. It can be stated as follows:- 1. ) It is an independent claim 2) It is separable from the plaintiff's claim, and 3) It is enforceable by a cross-action in favour of the defendant 1.2.
When a plaintiff sues you for money or the return of property, you can defend yourself in civil court. You have another legal remedy if the plaintiff is actually at fault. You can counter sue. Countersuing involves suing the plaintiff while his or her case is still pending against you by filing a “counterclaim.”
The definition of a counterclaim is a claim made to rebut accusations against you. If you are sued for breaching a contract and you, in turn, also file suit against the plaintiff and claim that he was really the one who breached the contract, your claim against the original plaintiff is an example of a counterclaim.
In law, frivolous or vexatious is a term used to challenge a complaint or a legal proceeding being heard as lacking in merit, or to deny, dismiss or strike out any ensuing judicial or non-judicial processes. The term is used in several jurisdictions, such as Ireland and New Zealand.
request. • A request is more likely to be considered frivolous or vexatious if it. lacks any serious purpose or value. Agencies may consider any comments volunteered by the requester about the purpose of their request, and any wider value or public interest in making the requested information available.
There are different standards in different circumstances. For example, in criminal cases, the burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.
If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.
If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.
If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.
The first thing to do is notify your auto insurance agent. Your insurance company should provide a defense for you by hiring a lawyer who specializes in insurance defense matters.
If you had auto insurance, then turn the paperwork, letter or lawsuit, over to your auto insurance company. If you do not know the address, then go to the office of the agent from whom you bought the insurance. If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.
If you have no auto insurance, you should hire an insurance defense attorney. Report Abuse. Report Abuse.
If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.
If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior.
A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint.
An attorney must act with reasonable diligence and promptness when representing a client. To that end, the attorney must be careful not to have a conflict of interest in the matter or with clients. Further, the lawyer must consult with and reasonably inform the client of information related to the legal matter at hand.
Most of the Rules of Professional Conduct use a reasonableness standard in order to determine if an attorney’s conduct is appropriate. Since an attorney is a professional, the question would be one of reasonableness for other professional attorneys.
An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.
In most jurisdictions, attorneys are required to take and pass a Professional Responsibility Exam prior to being admitted to the bar. Upon admittance to the bar, attorneys agree to comply with the ethical requirements of their jurisdiction. Most attorneys uphold that promise.
Clients also have the right to pursue legal malpractice claims in court. If a client successfully proves that a lawyer was negligent or guilty of misconduct and that the client suffered monetary damages as a result then the client may recover those damages in a professional malpractice lawsuit.
When you get to court, don't try to act like an expert. The one strong point in your favor is that some judges will be mildly helpful if they see you've prepared well and are appropriately modest about your trial skills.
There are two widely recognized ways of representing yourself in civil court. You can use your judicial district's small claims court or you can file a lawsuit in superior court, known in legal terminology as in pro se or in propria persona, which is commonly referred to as in pro per . Both terms mean that you have chosen to represent yourself in court without an attorney.
Spend as much time as you can attending other superior court hearings to understand how things work. If you can attend hearings by your scheduled judge, all the better. Judicial styles vary considerably. Television shows are not dependable behavioral guides; most judges get cranky when a pro se plaintiff acts like a lawyer on television.
There may also be subpoenas that have to be written and served, and in-person interrogations, called depositions, to be scheduled where either party prepares a set of questions, or interrogatories, that the other side must answer. Each of these stages has its own deadlines and rules.
The first thing to know about small claims courts is that they are courts where parties can resolve some types of civil disputes at low cost. Procedures vary from one jurisdiction to another, as do the types of cases allowed, but they all have certain general characteristics:
Some courts help with basic matters, such as filling out forms, serving the opposing party with notice of the suit and preparing subpoenas and depositions is usually available online. Many courts also have limited in-person legal assistance available.
Opposing parties often pounce on technical violations committed by pro se plaintiffs to get the case thrown out. Neither opposing parties nor the court will overlook violations of the many deadlines and procedural requirements that occur in the course of a superior court lawsuit.
Article Summary X. To counter sue someone, start by printing out the counterclaim form from your state court’s website. Then, complete the form with all the facts related to your claim, and be as clear as possible about your reasons for counter suing.
Failing to file an answer or counterclaim on time may result in a default judgment hearing and potentially a default judgment against you. The court can grant your motion for “good cause,” which is left to the discretion of the judge who is handling your case.
Personal service. A personal service means that someone will hand a copy of the counterclaim to the opposing party in the suit. Usually, the sheriff’s department in the county where you file the counterclaim will personally serve the defendant for a small fee.
You can find this information by looking in your state’s civil code, searching online for common law principles, or calling the clerk of court to ask. You should also consider talking to and hiring an attorney. Correctly filing your counterclaim is very important to your case, because the opposing side could attempt to get it thrown out of court. Having an attorney write your counterclaim for you will insure that it appears in the correct format and contains all of the necessary elements.
Learn the purpose of a counterclaim. A counterclaim is a claim against the party that originally instituted an action against you. In some states, a counterclaim is called a “cross-complaint.” Under the federal rules, you can file a counterclaim against your opponent for any claim that you have against them, whether or not the claim relates to the lawsuit filed against you. If the claim that you have against the opposing party arises from the same event or action for which they are suing you, you must file a counterclaim. You will otherwise waive your right to sue them in the future.
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A lawyer is your best option for determining the validity of the counterclaims you wish to bring against the person suing you.
If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing.
An attorney cannot use threats against someone to gain an advantage in a civil matter. However, the attorney can warn that person that he is about to file a lawsuit to resolve a matter.
It is permissible for an attorney to write a demand letter and say that he will file suit if you don't pay the demand, but after that, he ought to just sue or shut up. You don't have to meet him personally, and you probably should not. If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing. You can also hire an attorney to represent you in this matter, and that will put a stop from the attorney's contacting you at all. Good luck.
Sometimes an in-person meeting is a good way of resolving disputes without resorting to a lawsuit. That being said, in the situation you describe, the aggrieved party should at least consult with an attorney to go over the specifics, the background, the evidence and then options and recommendations. It will be worth the cost of the consultation fee.
It is not unethical to threaten a lawsuit if you refuse to negotiate a settlement. You, or whoever is receiving the message should offer to consider any demands, but let the lawyer know you are uncomfortable meeting, if you are. If the lawyer becomes uncivil, or threatens action he knows he cannot take, such as threatening criminal charges, that would be unethical.
If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.
Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...
Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.
For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.
Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.
Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.
It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.
The reasons that a court will nearly always enforce a settlement include finality, certainty in the law, the fact that a settlement is a contract, and the public policy which encourages out of court settlements.
You need to talk to a Conn. atty. You would need to find out the rules there regarding malicious prosecution cases. In California, such a claim requires that you prove the case was filed for malicious purposes, and that a reasonable atty would not have filed it. There are other issues as well. However, in Ca, you must show the underlying case was decided in your favor, such as a verdict in your favor, or a dismissal of the...
Probably not. If you and the other party executed releases, then your right to sue is probably gone. Contact your prior attorney asap to have him or her interpret the "settlement document." Very likely that you do NOT have the right to reopen the case.#N#More