I agree with Mr. Palumbo, it's going to be difficult to find an attorney to represent you in such a matter. Even in the event the other party has substantial assets, you'll likely encounter some difficulty. At best, an attorney would likely charge you on an hourly basis as opposed to contingency fee. Please keep in mind the short statute of limitations in malicious prosecution actions
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It is always better to have a lawyer but I doubt a lawyer would take this case unless you paid on an hourly basis.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
With due and humble deference to my learned colleagues, and while it is true that whether or not there is insurance is often a significant factor in deciding whether to pursue a claim, it is not the final or sole deciding factor. (what you mean by the other gentleman being "rich" might need more details as well). Your examples seem to indicate "maicious" prosecution, but are short on details sufficient to make an educated decision as to whether there is enough to support a suit for Malicious prosecution. I don't think you should be hesitant to consult with attorneys to see if one is willing to take on your claim, presuming you give more facts to justify the same. As Mr. Post notes, there is a short statute of limitations period, one year, for the commencement of a malicious prosecution case (typically starting to run from the dismissal of the underlying frivolous action), so you need to act quickly. Frankly, I am of the opinion that the average layperson is not equipped to properly prosecute such cases. Good luck.
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