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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4816
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Is it possible for my lawyer to be filing a complaint to answer

This answer was rated:

Is it possible for my lawyer to be filing a complaint to answer a complaint filed against me .. it seems to make no sense ... it seems to be another stall tactic .. and what are the implications of answering their complaint .. ill assume a response needs to be filed.

texlawyer :

Good afternoon. I'll be assisting you with your question.

texlawyer :

Just so I have this correct, a complaint was filed naming you as a defendant, and your lawyer says he's filing a complaint to answer their complaint?

Customer:

my lawyer unfortunately for me has strung together a series of events to delay proceedings due to his own desire to do nothing

Customer:

i think he is but its a seperate complaint ... where not as much detail needs to be used to generate a bunch of we don't agrees instead of taking their complaint head on

Customer:

it is a separate complaint i know that

Customer:

i would have gotten another lawyer months ago if i expected the bs to continue .. his first response to their complaint was a motion for a more definitive answer ... which had no merit but bought him more time

texlawyer :

Typically, a lawyer will simply file an answer to a complaint. However, he could file a complaint as an answer if he is countersuing. The countersuit could be both a complaint and answer.

texlawyer :

But, if he isn't countersuing, he should be filing an answer, which can be as detailed as he wants.

Customer:

ok he is ... we've named 8 parties ... but would the complaint number be different from their complaint

Customer:

he's countersuing

texlawyer :

No, it would be the same number. A countersuit is part of the same case.

Customer:

so is than the answer to the complaint ... our complaint?

Customer:

it said on it that it would be a seperate number assigned

Customer:

so a countersuit in the framework of a complaint would need to have the same complaint number it was answering

texlawyer :

It can be a combined complaint and answer. Usually a countersuit is given the same case number XXXXX the original case.

Customer:

one really stupid question ... would a lawyer leave off the last 9 months of detail from the complaint

Customer:

saying that previous actions will bring it in during a later stage of the case

texlawyer :

Sometimes, as a matter of strategy, a lawyer may leave off detail so they don't give their whole case away to the other side too early.

texlawyer :

Sometimes that is the best way to do it, especially if you think you are going to trial.

Customer:

we wont go to tria;

texlawyer :

While I can't say what the best strategy in your case is, I can tell you that sometimes not putting in too much detail is intentional, and not just laziness.

Customer:

so in a complaint how detailed should the facts be

Customer:

ok

texlawyer :

Again, I can't say exactly what your lawyer's motivations are, but one can't just assume anything solely based on the lack of detail in the complaint.

texlawyer :

Does that answer your question?

Customer:

he won't he's beeen trying to back out forever ...

Customer:

the other parties actions are the issue .... they never expected I'd hire a lawyer to fight a condo association of 4 people

Customer:

i guess i need to ignore everything and let him do whatever he wants

Customer:

at this point i have no choice .. it bothers me that he lies to me ... like ridiculous lies :)

texlawyer :

No, I wouldn't suggest that you just let him do whatever he wants. It important that you keep abreast of what's going on. He'll do a better job if he knows you are staying on top of things.

Customer:

he just lies so I'm stuck this is a bizarre situation i realize

texlawyer :

It is an odd situation.

Customer:

he works for a good firm Akin Gump ... the problem is you report him he gets a get out of jail free card

texlawyer :

That is one of the most powerful firms in the US.

Customer:

one last question they filed an amended complaint ... how many days do we have to respond 20?

Customer:

yes

texlawyer :

Yes, 20 days.

Customer:

well i just need to ignore him ..

Customer:

weird way to deal with him .. but ignoring him is only way to deal with him ... engaging with him becomes this big mess where he's pulling out because im questioning his legal tactics ... which i dont know ..anyway

texlawyer :

It is a difficult situation.

texlawyer :

If ignoring the lawyer will help you deal with the frustration, you can do so. However, like I said, I'd at least be sure to keep apprised of what's going on with your case and what's being filed.

texlawyer :

Does that answer your questions?

texlawyer :

If that does answer your question, please remember to "rate" my answer. Good luck!

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