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?
4 Answers from Attorneys
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
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
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
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