How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31973
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
Tina is online now
A new question is answered every 9 seconds

If an attorney files a lawsuit without your knowledge or permission

Resolved Question:

If an attorney files a lawsuit without your knowledge or permission (No signed agreement to file suit); is it a legal law suit? Can you have that lawsuit thrown out of court on those grounds? If you attempt to negotiate a settlement; would that dis-allow the posibility of having the lawsuit thrown out on the grounds of no knowledge or consent? Thanks
Submitted: 4 years ago.
Category: Legal
Expert:  Tina replied 4 years ago.
Thank you for contacting our JA team for guidance.

Because the attorney is an officer of the court, when they file a lawsuit, it will remain pending until it is dismissed or heard on the merits of the claims. Since the attorney is acting without authority, report the matter to the state bar association. They can discipline and even disbar the attorney.

Just a note though, if you request that the court dismiss the claim, there may be no incentive for the other party to negotiate a settlement. In addition, you would want the other party to sign a stipulation requesting dismissal of their counterclaims so that your claims do not get dismissed while their claims continue against you.

Please let me know if you need clarification by pressing the "Reply" button. If you press "Relist", I will not be notified that you have requested my assistance. .

Best regards XXXXX XXXXX

Tina G

___________________________________________________________________________________

Please press the "accept" button so I may be credited and paid for my time when I have answered/clarified your question. Positive feedback and a bonus are always appreciated. Thank you very much.

NOTE: This open forum is for educational purposes only and does not constitute legal advice. It is highly recommended that you seek representation by a local attorney for all legal matters. The state bar association can provide you with attorney referrals. Please remember that I cannot know what you know unless you tell me. There may be important factors that are relevant to your question that I am not aware of in your specific situation, but I will always do my best to be professional, courteous, and prompt.

Customer: replied 4 years ago.
Clearify: The only way to stop lawsuit and counterclaim is other party agreeing and signing the stipulation for dismissal? Do I inform defendant or court lawsuit was filed without my knowledge or written permission independant of attorney? It sounds like my attorney should try to negotiate settlement; or dismissal? If I file a complaint with State Bar; would that have a positive impact on claim and counterclaim being dismissed by court? (I do not wish to make trouble with my attorney) How do I get out of this mess?
Expert:  Tina replied 4 years ago.
Inform the state bar association that the suit was filed without your consent. Then inform the opposing party or their attorney.

A complaint with the state bar would put pressure on your attorney to file the documents you want filed.

Yes. It is best if there is mediation or other negotiation efforts instead of just dismissing the matter if there is still a dispute.

Take care.
Customer: replied 4 years ago.
it sounds like my best and first action would be to ask my attorney to negotiate some money on my claim (I presume Defendant will not offer a penny); then if unsuccessfull pressure my attorney to get agreement of dismissal from defendant; or I will report him to bar? Thanks for all you assistance in advance:)
Expert:  Tina replied 4 years ago.
Yes and if the attorney continues to act against your wishes, file a complaint with the bar association.

Take care.
Tina, Lawyer
Category: Legal
Satisfied Customers: 31973
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 7 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.