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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I filed a legal malpractice case. Attorney filed demand.

Customer Question

I filed a legal malpractice case. Attorney filed for reconvential demand. Peremption vague and no cause of action. I am pro see, I have to answer or can I object to reconvential demand based on exception, to the demand , premature & no course of action. I filed the original suit within one year of an attorney telling me it was malpractice. Need assistance answering or objecting to reconvential demand.. I do not want a default judgement
Submitted: 4 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You must file a responsive pleading to the reconventional demand, it is a countersuit against you. So, you can reply with a motion to dismiss based on failure to state a claim or it being premature, or you can file an answer denying the claims and in your affirmative defenses you would raise the defenses that they have failed to state a claim on which relief can be granted and also that the action is premature in that no claim or cause of action yet exists. It is typically best to file your answer and raise those issues in your affirmative defenses within your answer so as to make sure your pleadings are filed and they cannot seek to claim default.