Legal Question in Civil Litigation in Florida
being sued by unscrupulous attorney
I hired this attorney so he could resolve a conflict between my corporation and another business,after everything was said and done my own ex-attorney is suing me, (my corporation and ME PERSONALLY even though I never signed a paper with my name on it) everything was done under the corporations name and address, however he sends all documentation to my home. What I need to know is can I win this based solely on the fact that he filed a wrongful suit against an individual instead of doing it against the corporation like he was supposed to? If so, has there been a case that I can point out as reference.
Do I need to hire another attorney ?
Thanks for your help
2 Answers from Attorneys
Re: being sued by unscrupulous attorney
Unless you are familiar with litigation and court rules, hire an attorney. Good luck.
Re: being sued by unscrupulous attorney
It sounds like you may be able to have yourself removed individually from the case, however, the judge will not dismiss the entire case because you may have been wrongly included. He will just remove you and continue the litigation against the corporation. With regard to case law, go to your local courthouse or law school and check out the law library, the librarians are very helpful and will guide you to get forms and how to look up cases. You will have to file a motion and have a factual basis to have yourself removed individually from the suit.
If being sued by an attorney, you want to be on the same playing field, so it is highly recommended that you seek counsel to guide you. If there is a money issue you may want to hire an attorney to give you advice in the best way to represent yourself pro se and give you guidance through all procedural and other issues.
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