Legal Question in Civil Litigation in California

If Defendants' counsel misuses a civil procedure during the course of a litigation that they're defending in which their client-Company, is Insured, and payed a deductible, and I sue opposing counsel for Abuse of Process in a seperate lawsuit, would that opposing counsel have to pay a seperate deductible for the 2nd new lawsuit, or will they "piggy-back" off the underlying case's insurance coverage? .......

(Now, I know many of you attorneys share a "Judical Comarederie" with other lawyers, and dont like to answer these types of questions, involving legal action against law firms and/or against lawyers, because many of you lawyers have this "Judicial Brotherhood" mentality and will defend the actions of other lawyers against In Pro Pers, because many of you consider In Pro Pers as "outsiders", but rest assure, they all have INSURANCE and as such, they're COVERED ..... Besides, us In Pro Pers represent the majority of the people with no law education, yet we are the majority of the tax-payers that reluctantly and forcible financially support your judicial system with our tax-dollars, so we deserve fair play in the courtroom against opposing counsels)


Asked on 10/20/14, 6:47 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It is your judicial system too Jack Ass!

Read more
Answered on 10/20/14, 6:53 pm

In spite of you being an obnoxious bigot (definition of bigot: a person who is obstinately or intolerantly devoted to his or her own opinions and prejudices; especially : one who regards or treats the members of a group (as a racial or ethnic group) with hatred and intolerance) I will answer your question because, in fact, your screed against attorneys while obnoxious and asinine is irrelevant to your question.

The answer is that the insurance of the company is completely unrelated to any insurance of the law firm. The client's insurance doesn't cover the firm that defends them. There is no connection. In addition, any insurance coverage the firm might have would not cover intentional wrongdoing such as abuse of process. Their coverage will only be for malpractice, which is only negligent, not intentional, misconduct and only as to clients and third party beneficiaries, not opposing parties. Bear in mind, however, that until you prevail on the underlying matter that you claim is abuse of process, if you file an abuse of process claim, you yourself will actually be the one guilty of abuse of process.

Read more
Answered on 10/20/14, 9:52 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California