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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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If an attorney files a lawsuit without your knowledge or permission

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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
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


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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 7 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?
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 7 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:)
Yes and if the attorney continues to act against your wishes, file a complaint with the bar association.

Take care.
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