Legal Question in Civil Litigation in California

I am living a soap opera life

In 1997 I met an attorney (''B'') and began having an affair with him. We were both married. In 1999 I separated from my husband and ''B'' volunteered to represent me for free. In early 2000 ''B's'' wife found out about me and for nearly 2 yrs I went through hell.. She went through my personal file,called my ex-husband and sent him proof of our affair,threatened me and wanted to be reimbursed for expenses incurred throughout the affair.It is now 2003 and the crazy wife is still after me. She is now forcing ''B'' (and yes,he is a wimp)to sue me in Small Claims for legal fees.We had no contract but I'm worried that he will manipulate the facts and win in court. He already forged my signature to release him from representing me so I know what he is capable of. Can I countersue for misrepresentation? Should I report before/after to The State Bar?


Asked on 8/06/03, 4:18 am

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: I am living a soap opera life

Clearly you have a defense to the small claims action--the facts you relate here. You may wish to subpoena the wife as a witness in your defense! As regards a counter-suit, I am not sure what that would accomplish, particularly in small claims court. If the wife has been and is harassing you and you believe she will contine to write disparaging letters to your ex and/or others, you could bring an action for injunctive relief and for a restraining order in superior court, but that is not appropriate in small claims; you would need to name the wife. If you choose to do that, you may wish to also sue both of them for invasion of privacy, as he should not have allowed his wife to view your personal file, and potentially for negligent or intentional infliction of emotional distress. The failure to keep your data confidential is a violation of ethics, as is having sex with a client; however, with regard to the latter, it seems that the sexual aspect occurred before you became a client.

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Answered on 8/06/03, 1:25 pm


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