Sued by lawyer for 3rd party legal bills

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allend

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Last November a friend of mine, Steve, called me from jail in Loudoun, Virginia. He had been arrested for drunk driving. He told me of a lawyer who had represented him in the past, and asked if I could contact him.

The lawyer confirmed that Steve was a client of his, and said that the lawyer would require an inital payment of $3500 to represent Steve. I told the lawyer that since Steve could not pay, I would pay the $3500. Accordingly, I drove to the lawyer's office and handed him my check. There was no agreement, written or otherwise, that I would be responsible any additional legal bills.

Shortly thereafter, the lawyer appeared in court and arranged for Steve to be released.

Subsequently, last February, Steve, the lawyer and I appeared for a court hearing. We waited outside the courtroom. the lawyer took Steve aside, but the conversation was loud enough that I could hear that the lawyer was angrily demanding money from Steve.

Steve then approached me and said, "Unless you pay this guy another $3500, I am going to lose my representation."

The lawyer then approached me and said, "Unless you deliver $3500 to my office tomorrow morning, tomorrow afternoon I will file a lawsuit against you."

Well, I didn't. A few days later, Anderson called me and said, "I have decided not to sue you. Instead, I shall hand this matter over to a collection agency, and if you do not pay, they will ruin your credit rating."

Subsequently, I received a letter from the agency asking me to pay up. I replied with a letter saying why I didn't owe the money. I didn't hear from them again.

The lawyer did indeed petition the judge successfully to be excused from the case. Steve subsequently had to rely on the public defender.

Now, the lawyer is suing me for $3500, and I have to defend myself. I am contemplating filing a Motion for Discovery -- I know the guy hasn't a bloody thing WRT documentation. I am also contemplating asking for a change of venue. The lawyer filed the case in Alexandria, which has nothing to do with the case except that the lawyer has his practice there. All services were rendered in Loudoun. I am nervous about Alexandria because the lawyer undoubtedly has friends there.

A hearing is set for December, and I am interested in advice on filing the Motion for Discovery, change of venue and any other advice I can get on how to defend myself.
 
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Unfortunately I have no idea about civil procedure in your jurisdiction. Generally a plaintiff needs to sue in either the city/county where the defendant lives, or where the cause of action arose. Since neither of those is the case, you should succeed in a motion for change of venue.

FWIW, I think you have a very strong case on the merits. The fact the lawyer was angrily demanding payment from Steve suggests he knew he didn't have an agreement with you past the first $3500. Good luck to you!
 
Thank you. Since it was in Alexandria that I gave the lawyer, Mr. Anderson, the check, I fear he can claim that was where, in your words, "the cause of action arose." I shall be out to the courthouse tomorrow to do a Request for Production of Documents, Motion for Discovery and stuff like that.

Should I prevail in the case, I shall be all over Mr. Anderson like flies on you-know-what.
 
Report this guy to the state bar.
 
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