What can be done when a plaintiff is destitute and on government aid has a scheme with his attorney to frivolously sue a person

Asked over 1 year ago - Fort Lauderdale, FL

And include on the claim a fortune on attorney's fees, when there is no absolutely no way this person old be able to pay for those fees? They maliciously prossecuted me on Court, lost , but on the pre trial exhibits they were asking for a fortune on attorney's fees. Do I need to prove that they are a fraud? Whee can I complaint about this scheme? Is it a regular one going those days?

Attorney answers (3)

  1. Alan Smith

    Pro

    Contributor Level 13

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    Lawyer agrees

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    Answered . The only way an attorney is entitled to fees is if there is a law or contract that says so. If they brought the action for breach of such a law or contract, they are entitled to ask for fees. Your remedy, absent other facts which you have not stated, is to defeat their suit, as it appears you have. In many situations, if one side can ask for fees, the other can as well. You may have one of those cases, but if you didn't ask for them during the trial you are probably out of luck.

    My response to this question does not mean I agree to represent you in any proceedings. This information is also... more
  2. Benjamin Joseph Sansone

    Pro

    Contributor Level 10

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    Lawyers agree

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    Answered . not sure why the person's financial status is relevant. But if they filed a claim against you were they there lied or had absolutely no facts to support a claim that is malicious prosecution and you have a cause of action for that

  3. Clifford M. Miller

    Pro

    Contributor Level 18

    Answered . The Florida Bar has grievance procedures. Call them or look at the online link below.
    The remedy for someone that sued you without probable cause is to sue them for malicious prosecution. Usually the lawyer would not be a valid target of the claim, but if there was really some type of a conspiracy to pursue a frivolous claim against you, you may be able to win against the lawyer also.
    Yes, you would have to prove that the case lacked probable cause (not that there was a fraud). The fact that you won is necessary, but not sufficient.
    No, true frivolous cases, with attorney involvement are uncommon.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more

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