Legal Question in Business Law in California

A successful anti-SLAPP motion carries with it a mandatory award of attorney fees, so if you really have such a situation, and the plaintiff has financial resources, many attorneys (including me) would consider representing you at a reasonable cost.

A successful anti-SLAPP defense also requires that the lawsuit meets the statutory definition of a "strategic lawsuit against public participation" ("SLAPP"). Were you sued because you were exercising a free-speech right over an issue of public interest? If the suit doesn't fit the mold, it isn't a SLAPP suit. See Code of Civil Procedure sections 425.16 and 425.17, and possibly 425.18.

A special motion to strike a lawsuit under the SLAPP statute normally must be made within 60 days after the service of the comlaint or amended complaint that is to be stricken. (Code of Civ. Proc., sect. 425.16 subd. (f).) A later motion may be permitted in the court's discretion upon terms it deems proper.

A successful SLAPP motion does not result in an award of treble the amount of damages sought by the plaintiff. In addition to dismissal of the action, a defendant prevailing on a special motion to strike is awarded his or her attorney's fees and costs. (Code of Civ. Proc., sect. 425.16 subd. (c).)

Most attorneys are willing to pursue such a motion if they believe that that a SLAPP motion will be successful. You should understand, however, that your offer for an attorney to take a case on a contingency will create problems for your attorney if the motion is unsuccessful, in that the attorney is now bound to represent you for a contingency on defense, which is zero. You may have to be willing to negotiate for limited scope representation.