How should a middle class defendant handle a frivolous lawsuit?

Asked over 1 year 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. Frank Wei-Hong Chen

    Contributor Level 20

    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. Rixon Charles Rafter III

    Contributor Level 20

    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. Adrienne Patricia Allen

    Contributor Level 15

    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. Carl H Starrett II

    Contributor Level 16

    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. Jeffrey Ira Schwimmer

    Contributor Level 19

    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).

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,124 answers this week

3,137 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,124 answers this week

3,137 attorneys answering