Legal Question in Civil Litigation in California

Is there anything wrong to send a complaint I wrote to a defendant saying this is what I will file with court within one month, so if you do not want to be sued, call me?

Is it not a threat that I could be charged with?

Thanks for previous responses.

I asked the above question in the context of potential legal malpractice suit for representation in civil matters.


Asked on 11/28/11, 9:45 am

1 Answer from Attorneys

Not only legal, it is a tactic we attorneys occasionally use. You should be aware, however, that neither I nor any attorney I know would take seriously a threat of a malpractice suit that the client was going to file in pro per. If they can't find an attorney to take the case, and the State Bar did not consider the complaint worthy of taking any disciplinary action, a disgruntled client filing in pro per is just going to be a minor nuisance who will ultimately get no where.

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Answered on 11/28/11, 10:02 am


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