Legal Question in Legal Malpractice in Pennsylvania

Re: wrongfully sued

Yes. This is going to be a very general discussion, so take it with all the necessary disclaimers because there's many variables.

Pennsylvania enacted a statute maybe 20 years ago, which made it a little bit easier to file a countersuit, which is what you're talking about. This can be filed against the original plaintiff and his attorney, for "wrongful use of civil proceedings."

Before that statute, to recover damages in a civil countersuit for "abuse of process," you'd need to show a "seizure" of your person or property. So just having to defend yourself and incur expenses was not enough.

Now, it's possible, but this statute doesn't apply just because the plaintiff lost the case and the defendant felt the case was wrongful. The necessary elements to prove include that the suit had no reasonable basis, was resolved in the defendant's favor, and was brought "primarily" for some reason other than a resolution of the merits of the claim. So it's still tough to prove.

Here's part of the statute:

� 8351. Wrongful use of civil proceedings.

(a) Elements of action.--A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:

1. he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and

2. the proceedings have terminated in favor of the person against whom they are brought.

(b) Arrest or seizure of person or property not required.--The arrest or seizure of the person or property of the plaintiff shall not be a necessary element for an action brought pursuant to this subchapter.

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This statute is known as the "Dragonetti" statute for the Philadelphia man who single-handedly lobbied the legislature until this law was passed, because he was so upset by the "seizure" requirement. So one person can make a difference.