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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need the legal argument for a counterclaim for

Customer Question

I need the legal argument for a counterclaim for reimbursement of legal expenses in another case. I have a rather unusual situation, my case was dismissed, but I can reopen it. My case was dismissed because I violated a protective order, actually I violated it three times, but at the final hearing I was able to show the judge that I was set up to violate the protective order and he told me that as long as I jump through a few hoops he will let me reopen the case. One of those hoops is that I need to find an attorney which I'm having problems with. I don't "have to" but it was recommended. The case is against the trustees of my family trust and there's not a lot of money in the outcome of the case. So it's very difficult to find an attorney that will work on contingency and I can't afford an attorney hourly. So my case was dismissed and I'm still a few months away from being able to open it again but, the defendants have just filed a petition for declaratory judgment and are seeking to obtain an order from the court saying that I have violated the no contest clause in the trust. Now I am prepared to address the no contest clause issue but I also want to insert a counter claim for reimbursement of expenses from that last hearing that cause my case to Be dismissed. from what I understand it's pretty regular to award attorneys fees to the prevailing party however in this case I was not the prevailing party. However I can prove that they filed a motion that contained false statements and I also filed an affidavit that I can prove had a few misstatements of fact in it as well, actually they flat out lied in it. So my case was dismissed because they lied to the court, is there a statute I can quote or a law dealing with reimbursement of expenses to either party? I actually spent $150,000 of my own money and if I can get that back I could find attorney, I tried filing a motion during the last kings and asked for reimbursement of attorney fees and was told that they wouldn't do that until the end of the case, and now that that cases and I'm hoping I have an argument. I have attorneys fees from the previous case because I had an attorney for over a year but then the defense made a deal with my attorney to drop out of the case. It's a long story but that's the bot***** *****ne
Submitted: 9 months ago.
Category: Family Law
Expert:  Attorney2 replied 9 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.