Legal Question in Business Law in California

restraining order against a lawyer?

In 2005 I was involved in a real estate investment contract that went bad. We went to mediation and almost went to arbitration. I received a letter from the plaintiffs' attorney about the case being dropped by the courts. I thought that was the end of it. Well it wasn't, the lawyer still sends me letters and still sends process servers knocking on my door (i don't open the door). Doesn't this fall under double jeopardy? What can I do to get this lawyer to stop harassing me?


Asked on 2/15/08, 3:35 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: restraining order against a lawyer?

Double jeopardy does not apply to civil disputes. The plaintiffs may or may not still have rights they can enforce against you; you have not provided enough information to say what options you might have.

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Answered on 2/15/08, 3:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: restraining order against a lawyer?

Please read my answer to another version of your question that I just answered in some detail. You almost certainly could not get a restraining order against this lawyer, who is almost certainly operating within the appropriate boundaries of professional conduct. If you succeeded, whoever is trying to serve you would just get another lawyer. You need to handle the underlying substance, instead of running away from it. This is especially true if you were on the promoter end of this real estate investment contract - a civil matter could escalate into criminal charges and when the knock on the door is a deputy serving a warrant instead of a process server with (probably) a re-filed civil suit, you'll regret not having cleaned up the matter earlier.

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Answered on 2/15/08, 5:03 pm


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