getting your atty fees returned for wrongful suit

[jwd_]

I would like to know if, when a complaint is filed in a civil case and the response is made does the atty need to discuss the response with the client or can they make the judgement to go forward with the case on their own even though the response clearly shows that the client has no right to sue the other party.
In my case, the response clearly showed that the complaint had no grounds to continue sueing and it should have stopped right there in the atty's office after a discussion with the client, but it did not. The case went forward with no clear evidence that showed this man had a right to sue. Instead it went to court (no jury)-realestate and the judge took the lawyers into closed chambers and repremanded the complaint lawyer for going forward in this case and told him that he would not and never will give his client any monies owed to his tenants unless they sued for it(the tenants) themselves. So basically the atty knew from the beginning that he had a case with no merit but went forward anyway and has now charged his client $6000 for nothing. Can my friend go back and sue or ask for his money back with the proof that we have now? This case took over 2 years to appear in front of a judge that should have never gone anywhere unless the tenants sued first.

 

[freebird]

Just because the defendant's attorney says that the case has no merit doesn't mean much -- every response says the same thing. Whether the attorney should have known he had no case is another thing. This is a question of whether there is malpractice and that is a sticky issue. The best thing to do is to get a copy of the complaint and response and determine whether the attorney should have known there was no case.

Where did your friend get charged $6,000? Was this after the response? Did your friend know he didn't really have a case? It doesn't sound like there was no case as the judge seems to say something else about the tenants needing to sue. We need more details here before we can decide whether there has been any indication of potential legal malpractice.

Originally posted by jwd
I would like to know if, when a complaint is filed in a civil case and the response is made does the atty need to discuss the response with the client or can they make the judgement to go forward with the case on their own even though the response clearly shows that the client has no right to sue the other party.
In my case, the response clearly showed that the complaint had no grounds to continue sueing and it should have stopped right there in the atty's office after a discussion with the client, but it did not. The case went forward with no clear evidence that showed this man had a right to sue. Instead it went to court (no jury)-realestate and the judge took the lawyers into closed chambers and repremanded the complaint lawyer for going forward in this case and told him that he would not and never will give his client any monies owed to his tenants unless they sued for it(the tenants) themselves. So basically the atty knew from the beginning that he had a case with no merit but went forward anyway and has now charged his client $6000 for nothing. Can my friend go back and sue or ask for his money back with the proof that we have now? This case took over 2 years to appear in front of a judge that should have never gone anywhere unless the tenants sued first.