If a defense attorney keeps repeatedly making remarks in her documents to get my case dismissed like

Asked over 1 year ago - New York, NY

my pleading are incoherent, rambling, doesn't meet bare standards. can i sue for slander or harassment? what if she gets my case dismissed by making these claims what can i do?

Additional information

this is a civil claim, defense in my opinion just seeking to find fault to get my case dismissed

Attorney answers (5)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . No. Statements in court filings generally are absolutley immune from suit.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Edwin Drantivy

    Pro

    Contributor Level 18

    3

    Lawyers agree

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    Answered . Unfortunately there is not much that you can do if these statements are made during the course of a legal proceeding. You can ask the Judge/magistrate to demand that counsel be polite and respectful toward you.

  3. Jayson Lutzky

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Representing yourself in court is not easy. Consult with an attorney to help you. You are responsible to follow the rules of the court. If the defense lawyer gets the case dismissed, then he is doing his job. You can not do anything about an attorney doing his job other than get your own lawyer.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Inga L Stevens

    Contributor Level 16

    3

    Lawyers agree

    Answered . Actually, without knowing more, it sounds like she is doing her job. If the judge dismisses your case based on what she alleges is wrong with your pleadings, then what she alleges is true. The best way to protect yourself is to hire a lawyer, so everything is done properly.

    Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client... more
  5. John J. Carney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . There is nothing you can do as the lawyers remarks are proper. You should not be representing yourself.

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