Legal Question in Business Law in California

Re: Action by client for services rendered

Being served with a civil complaint has nothing to do with criminal charges. You would know if you were charged with criminal activity, you would be arrested.

Only if the civil Complaint is dismissed on the basis of NO facts to support it could you take action for improper filing. That would be rare.

Your remedy is to defend against the Complaint and at the same time bring any Cross-Complaint causes of action you may have. That is how the system works. IF you had a written agreement that provided for attorney fees in a dispute, then if you win you can get your fees paid.

His motive is not the problem, his action against you is. By agressively defending this, you may be able to get him to settle quickly on terms favorable to you.

Feel free to contact me if you are interested in doing this right and avoiding a judgment against you.

Re: Action by client for services rendered

The most important thing to remember is that you will probably have to counter-sue your client for the money he owes you, and you'll have to do it right now, otherwise you may lose your claim to that money.

Feel free to contact me if you would like to talk about this further.

Re: Action by client for services rendered

Hi. Pretty upsetting. There are many aspects of your question, but generally, please note:

The "Civil" action has nothing to do with a federal crime. Don't lose sleep over that. The Feds aren't coming knocking at your door.

When you win, you would have a valid claim against your client.

As for his motivation . . . probably just is looking for an excuse not to pay you, however, there may be some facts which form the basis of an offset against the monies owed to you. There are not enough facts and your statement for me to make a judgment on that issue.

Likewise, there are not enough facts here to make a determination whether or not the lawyer is guilty of any wrongdoing, however, it is more likely that the attorney has some sort of justifiable basis, based upon what his client has advised him, to bring the lawsuit.

In any event, if you have been served with a lawsuit, I think that any lawyer would highly recommend that if there is any substantial amount of money at issue, you be represented.

I would be happy to discuss the matter with you in a no-cost consultation. Please feel free to contact me.

Daniel King

818 587.9299

Re: Action by client for services rendered

Answers to your questions:

1) is he accusing me of a federal crime becasue I mailed the invoices?

ANSWER: It is impossible to know, because I have not seen the Complaint. He can accuse you of whatever he wants, but this is a civil lawsuit, so accusations of a federal crime are most likely meaningless. However, keep in mind that whether he is suing in federal or state court, allegations of criminal conduct could support a cause of action for unfair business practices.

2) When I win which I will can I then sue him for damages?

ANSWER: It depends. You are talking about a lawsuit for malicious prosecution, and the hurdle is very high in such a case. To win, you will have to prove that based upon the facts, no reasonable person (or attorney) would have prosecuted the case. Most claims for malicious prosecution fail.

3) what would be the motive?

ANSWER: Who knows. Perhaps to force you to reduce how much he owes you.

4) Can I also report his attorney those charges I believe a very serious and he has not basis for them exept that he does not want to pay...

ANSWER: No.

If you would like us to review the matter and provide a more detailed analysis and consult at no charge, please feel free to email or fax the complaint. We are business litigators with extensive experience in civil litigation.

Good luck.

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Re: Action by client for services rendered

If you are owed money, you should file a cross-complaint. We can help you defend the complaint and prosecute the cross-complalint. Please contact our office for any questions.

Re: Action by client for services rendered

If you have been sued, you are going to need to retain a lawyer to defend yourself. If you think that you will be able to navigate through a civil case without an attorney you are in for a big surprise. With respect to your question, if you threaten to report the attorney to gain advantage in your case, you will have committed the crime of extortion. You cannot threaten criminal, administrative, or disciplinary action to gain advantage in a civil case. If you have a good case that you think you can win and your client owes you "lots" of money, you will want to file what is called a cross-complaint for money owed. If the initial complaint is not meritorious like you suggest and you win on the merits, you could then sue your client and the attorney for malicious prosecution.

I see that you are in Hollywood. I will give you a free consultation over the phone. Bottom line, you are going to want to retain an attorney ASAP!

Norm