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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I am the plaintiff in a civil suit against an Attorney who

Customer Question

I am the plaintiff in a civil suit against an Attorney who represented a client who was suing me.

I received a letter in the mail yesterday from the said Attorney who states --
"To put it briefly, your case has no merit, and the Court will certainly realize the truth of the matter. If I am forced to appear and argue this motion, I will be requesting many thousands of dollars in sanctions against you for abuse of the courts. As a former law student, you should certainly know better than to file the frivolous and misleading complaint that you filed."

"I am extending you one last opportunity to dismiss your lawsuit without further ado. If you do not comply, not only will I request sanctions against you, but I will personally sue you for abuse of process and defamation, and will not dismiss that case until I have collected all damages + interest from you."

"Please dismiss your lawsuit now, or I will have no sympathy for you in the future"

Is this harsh and threatening tone legal?
Submitted: 4 years ago.
Category: Legal
Expert:  Dave Kennett replied 4 years ago.
Dear Customer - There's nothing "illegal" about it and if you have a viable case you can ignore it. If you are filing a frivolous suit then the attorney is simply offering you a chance to dismiss before he or she files for malicious prosecution. What the letter contains is what the attorney would have a legal right to do if the court determines the suit is frivolous. Since I cannot tell from your facts what the basis of your suit is I cannot tell you whether I believe the suit has merit. The attorney cannot obtain sanctions unless the court agrees.