Legal Question in Personal Injury in California

malicious prosecution & intentional infliction of emotional distress

A California attorney filed a meritless civil action of "stalking" and "slander". The attorney knew his client was a convicted felon for forgeries and was a felony fugitive for other forgeries. The attorney knew his client was using a false name in the lawsuit. The attorney knew his client was involved in other criminal activities. Defendant is a professional who, unlike attorney's client, has no criminal background. The civil action was recently dismissed in favor of defendant. The attorney accepted the engagement from his dishonest client for money. Attorney was advised that his client had an extenssive criminal background but stated that he is not required to investigate any information furnished to him regarding his client. The attorney also stated that he has a right to believe his client.

Question, where can defendant find a California attorney who will file an action against the attorney who filed the meritless lawsuit?


Asked on 8/17/98, 3:30 am

4 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: malicious prosecution

Mr. Hoffman is right. It takes alot of research

and time to win a malicious prosecution lawsuit.

Without more information I can not tell you what

kind of chance you would have winning a case like

this or if it would even be worth your time and money.

However, if you are serious about this and you

believe you have enough substatiated evidence against

this attorney I would be happy to give you a free

phone consultation. Cases like these take alot

of time on behalf of your attorney. You are probably

looking at a $2,000 retainer to start, atleast half of

which would need to be upfront before I start any work. This would

cover approximately 13 hours of work at $150 which

is my current hourly rate, but you get alot of work

out of me for those 13 hours. If you are serious about

filing a claim please contact me at 805-546-9909 or

email me at [email protected] with your information and

I would be happy to contact you at your convenience.

I am located in San Luis Obispo, but I practice law

throughout the state on a regular basis. When we talk

I can give you a better estimate of how many hours total

we are looking at from start to finish.

I look forward to hearing from you.

John Hayes, Esq.

Another thing that you might or might not know that

is if we did sue you could ask for attorney's fees

and costs as well as punitive damages against the attorney

if we proove that he intentionally inflicted emotional

distress and juries love to punish attorney's, bad

for him good for you.

John Hayes

The John Hayes Law Offices

P.O. Box 3003


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Answered on 1/19/99, 12:44 am
John Hayes The John Hayes Law Offices

Re: malicious prosecution

Mr. Hoffman is right. It takes alot of research

and time to win a malicious prosecution lawsuit.

Without more information I can not tell you what

kind of chance you would have winning a case like

this or if it would even be worth your time and money.

However, if you are serious about this and you

believe you have enough substatiated evidence against

this attorney I would be happy to give you a free

phone consultation. Cases like these take alot

of time on behalf of your attorney. You are probably

looking at a $2,000 retainer to start, atleast half of

which would need to be upfront before I start any work. This would

cover approximately 13 hours of work at $150 which

is my current hourly rate, but you get alot of work

out of me for those 13 hours. If you are serious about

filing a claim please contact me at 805-546-9909 or

email me at [email protected] with your information and

I would be happy to contact you at your convenience.

I am located in San Luis Obispo, but I practice law

throughout the state on a regular basis. When we talk

I can give you a better estimate of how many hours total

we are looking at from start to finish.

I look forward to hearing from you.

John Hayes, Esq.

Another thing that you might or might not know that

is if we did sue you could ask for attorney's fees

and costs as well as punitive damages against the attorney

if we proove that he intentionally inflicted emotional

distress and juries love to punish attorneys, bad

for him good for you.

John Hayes

The John Hayes Law Offices

P.O. Box 3003


Read more
Answered on 1/19/99, 12:44 am
Ken Koury Kenneth P. Koury, Esq.

Re: malicious prosecution

It really depends on how and why the lawsuit was dismissed.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 12/08/98, 4:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: malicious prosecution

Even despicable people with criminal records can have legitimate claims against other people, and a lawyer who agrees to represent such a person isn't necessarily liable if the suit proves to be meritless. You would need to show that the attorney either knew or should have known that the case was without merit when he agreed to take it. Also, you would have to show that the case was really baseless -- not just that you won, but that it should have been clear at the time how the case would turn out. Ordinarily, these are very hard tests to meet. Your circumstances might justify such a suit, but the specifics of your case are key and you haven't included enough detail in your posting for me to be more helpful.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340


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Answered on 12/08/98, 9:38 pm


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