Legal Question in Civil Litigation in California
Malicious prosection against attorney and clients
I served an attorney and his client seperately with a summons and complaint for malicious prosecution and 3 other causes of actions. I received a declaration and a motion to change of venue and time extension to file a ''SLAPP'' from the attorney. I have not received anything from the other party. Can he respond for them? As he is a named party can he represent them in this case?
3 Answers from Attorneys
Re: Malicious prosection against attorney and clients
The attorney can represent the other defendants unless he has a conflict of interests. The fact that he also represented them in the underlying action does not automatically create such a conflict. Such a conflict would arise if the attorney argues that he was misled by the clients, but that does not seem to be what he's saying.
An attorney is supposed to list his clients under his name and address in the upper left corner of the face page of all documents filed with the court. You should be able to tell whether he is representing the other defendants by looking there.
Re: Malicious prosection against attorney and clients
Did the motion indicate he represents the others.
Yes the attorney may, it may or may not be a good idea for them
Re: Malicious prosection against attorney and clients
Yes and yes. You are in way over your head and if they prevail on the SLAPP motion you will end up owing them their attorney's fees. There is a reason why attorneys have to go to school for at least seven (7) years: there is a great deal of education that goes into being a lawyer. Only an extremely naive person would be so foolish as to try to litigate a civil case on their own in any forum outside of small cliams.