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I have a question about affirmative defneses. Utah. I'm

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I have a question about affirmative defneses

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Utah

Lawyer's Assistant: Has anything been filed or reported?

Yes. I'm being sued for unpaid legal fees.

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I mostly just need to know what I can actually list as an affirmative defense outside of Rule 8(c), where to find the elements of the defense, and how to decide whether to list a breach as a defense or a counterclaim.

Submitted: 8 months ago.Category: Legal
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Answered in 12 minutes by:
12/21/2017
Lawyer: Lori, Attorney replied 8 months ago
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,459
Experience: Attorney with over 25 years experience
Verified
Hello. Let me see if I can assist. I recommend that you assert excessive and unreasonable fees charged by the firm as an affirmative defense. I also recommend that you assert a claim of malpractice as a counterclaim. If you are being sued personally (and not your company) you can represent yourself. You can prepare your answer in a letter addressed to the judge. Hope that helps. A positive rating would be appreciated.
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Customer reply replied 8 months ago
Is there a set of elements that an affirmative defense of "excessive and unreasonable fees" needs to meet?I've already used fraudulent inducement, fraud, and negligent misrepresentation as a defense, and listed breach of contract, legal malpractice, and breach of fiduciary duty as a counterclaim. It's pretty easy to find the elements for those in Jury Instructions... I just don't know what other defenses not found in Rule 8 that I can use (like the one you suggested) and how to find what really makes up those defenses, if that makes sense?
Customer reply replied 8 months ago
There are obviously a lot of elements to the case that i don't expect you to fully understand in such a short amount of time, but I feel fairly confident I can figure them out as I go... I just don't know where to find the information, and strategically, if there is a benefit to stacking your defenses over your counterclaims or vice versa.
Lawyer: Lori, Attorney replied 8 months ago
There's not really a set of defenses out there. You just need to assert that Plaintiff has failed to state a proper claim because the fees being sought are excessive and unreasonable . You can also assert defense of estoppel as well - Plaintiff is estoppel from seeking recovery due to Plaintiff's overcharging and excessive fees.
You should list each defense separately and each claim in your counterclaim. You can also assert defense of setoff based on the damages being sought in your counterclaim.
I would stack your defenses over your counterclaim.
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Lawyer: Lori, Attorney replied 8 months ago
Hope that helps. Please remember to rate the question so I get credit.
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