Legal Question in Civil Litigation in Massachusetts

Re: Recovering Lawyer Fees

Abuse of process is a tort, and you can file in small claims without your attorney. You'll need your attorney's bill. In small claims, a clerk-magistrate hears the case. The tort of abuse of process is the misuse of process for an inappropriate purpose.

Re: Recovering Lawyer Fees

Your narrative doesn't make clear whether there is any arguable case in favor of the criminal harassment charge, but my inclination is to disagree with the advice given by the other attorneys. Unless the allegations being brought against you are devoid of any reasonable factual support (even if the person truly is bringing the charges "to cause an annoyance more than anything"), you can forget about going forward with a charge of abuse of process. The other person's actions in raising the alleged criminal harassment issue with the court is protected under what is known as the anti-SLAPP statute. You would only have a case against them if there was no basis whatsoever for the allegations against you.

: Recovering Lawyer Fees

Not necessarily. You would have to file suit against this person for the harm she caused. The amount of the claim and the type of claim dictates which court is proper.

Whether to retain an attorney depends on the merits of your case, its nature, the potential recover, the person's ability to pay and other factors.