Legal Question in Legal Malpractice in New Jersey

Suing A Prosecuting Attorney

Can a Prosecuting Lawyer be sued by a defendent? I am a defendent in a case of which there is no legal grounds for me to be in. I am being sued for $50,000 and in the process of mediation. once I answered all questions from the mediator, the prosecuting attorney is trying to settle for far less ($15,000). The prosecuting attonery is now re-wording their claim against me and trying to get money from my insurance company and me. Now my Legal fees have increased and will exceed to over $20,000. because my insurance comapany are not paying for my legal fees. I believe they(prosecuting side) are trying to extort the most money out of me as possible to settle this. This is wrong. I am spending my lifes saving and liquidating my property to pay for legal services for lawsuit that should have dropped after the discovery stage. Is there any way to get my money back, sue for a frivoless lawsuit and defamation of character.


Asked on 12/19/06, 5:59 am

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Suing A Prosecuting Attorney

I strongly suggest that you address this to your attorney who is representing you. He should be able to answer the questions and also tell you whether you can sue for insurance company for coverage and legal expenses.

Normally, each party must bear their own fees. However , if you make a fair offer, then you can shift the fees in some situations by an offer of judgment.

What remedies are available are best addressed by your own attorney.

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Answered on 12/19/06, 10:46 pm


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