Counter lawsuit - Posted by Deanne

Posted by JPiper on July 02, 2001 at 09:17:15:


I’m not an attorney, and it may be that laws are different depending on the state, but in my state your attorney would be correct. You must complete the first suit before you can file a frivolous suit. Further, it would probably be worth checking case law and/or the statutes to see what the hurdle is for a lawyer to NOT be considered frivolous. In my state regardless of how ridiculous a lawsuit may seem, a lawyer has an EXTREMELY LOW hurdle in order to prove that the suit was not frivolous when undertaken. Keep in mind lawyer write these laws for other lawyers, to be judged by other lawyers.

It may well be frivolous to a reasonable person, but there’s a wide difference between what a reasonable person would think, and what the law says. The two aren’t necessarily the same.


Counter lawsuit - Posted by Deanne

Posted by Deanne on July 01, 2001 at 16:38:17:

In regards to my previous post regarding being sued, I would like to know if I can file a frivulous lawsuit? \

My attorney has told me that that type of lawsuit can not be filed until the main lawsuit is first decided.

Any comments. Thanks.

Re: Counter lawsuit - Posted by Alex Gurevich, TX

Posted by Alex Gurevich, TX on July 02, 2001 at 13:20:30:

I’m not a lawyer either and I haven’t read your prior post. However, I’ve seen situations, where when the original lawsuit is filed, the defending attorney will file a response making counter claims and demanding damages, attorney’s fees, etc. In fact it’s pretty common, that both sides claim wrongdoing by the other side and ask the court for a monetary reward.

It’s not a separate lawsuit though.