How should a middle class defendant handle a frivolous lawsuit?

Asked almost 2 years ago - San Diego, CA

As a middle class worker , i do not qualify for receiving free legal services nor can i handle hefty costs of hiring a lawyer . Does that mean i should always settle with the plaintiff because he has a deeper pocket and i just don't have the means to see through the justice being served ?

Attorney answers (5)

  1. 7

    Lawyers agree

    Answered . Even though you might not have a lot of money to defend the lawsuit, I am confident you will be able to find a lawyer willing to work with you on legal fees. It does not mean you should always settle. You just have to look hard enough to find a compassionate lawyer willing to fight for justice.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. 8

    Lawyers agree

    Answered . You can defend yourself (it’s called ‘pro se’). Many people defend themselves in court--with decidedly mixed results, depending on the type and complexity of the case.

    Many law schools run legal clinics--contact some SD area law schools to see if you can qualify for one of their programs.

    Word of caution: Frivolous is a fungible word--the court will recognize the difference between what the law considers frivolous, and what is a difference of opinion falling within the bandwidth of an acceptable case to bring.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  3. 3

    Lawyers agree

    Answered . Some attorneys take payments or may barter / trade for services as well.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  4. 3

    Lawyers agree

    Answered . All of the prior responses have provided you with valuable and useful information. If you have a specific matter that you are facing, I encourage you to post this question again with more details. It might not cost as much as you think.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more
  5. 4

    Lawyers agree

    Answered . Without details of your particular problem, your question is more in the nature of an academic or philosophical inquiry, best suited for a law school class or over coffee. At a minimum, spend a minimal amount to consult with an attorney who will be able to analyse your legal problem; estimate the amount of time and effort it will take to defend against the same; and whether it is something that you can do Pro Se, as one other responder suggested (usually not advisable where the other party has legal representation).

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