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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35834
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Is it legal for an attorney to threaten that he WILL file a

Customer Question

Is it legal for an attorney to threaten that he WILL file a counter suet if I proceed to file a lawsuit for an unpaid claim?
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Does the other side have legitimate grounds to file a countersuit?
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If so what are they claiming they will countersue over?
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Thanks
Barrister
Customer: replied 3 years ago.

In the attorney's responce he claims his client did not sign the contract. I have text messages and emails telling me to proceed with what I billed for. I had permission to do drawings for his project and order materials. He went to the store and paid for the materials. I have the receipt in my companies name. Also drawings and layout of his project done by me. He got a copy from store and hired a different contractor! Cheaper...also I spent a day picking up supplies for his garage shelves, and tiles for new home, of which he refuses to pay for my time. And my laborer...attorney is threatening to counter that I turned down the job on Oct 22. Then proceeds to mention my estimate dated Oct 24th lol. Guy can't even realize his dates don't work. He said he will counter with lost time to find a new contractor, and breach of contract. Although he says his client never signed one....I take it this attorneys not very bright, as he contradicts himself on all aspects of his letter.

Expert:  Barrister replied 3 years ago.
Ok, there is nothing legally improper with an attorney threatening to countersue a plaintiff on behalf of their client. However, an attorney has an ethical duty to not file frivolous litigation and can be sanctioned by the judge for doing so if their only purpose was to harass the other party.
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But as for the plaintiff suing you for "lost time"...no judge in the world would award that. And for a breach of contract claim to be proven, they would have to show evidence that you have actually broken the agreement and cost them money.
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So based on your comments, I would opine that this is strictly a threat to try to scare you into not suing them and they have no grounds under which to countersue that they could win on.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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