Before it reaches the courts, is simply starting an action under false pretenses an unlawful act? I E, if say someone thinks they are being harassed etc, and I understand that the system does not want to discourage initiating such a claim, and an attorney sends a "cease and desist" but was falsely informed of the extent of the contact etc by the client who has no evidence and "exaggerated" to get the letter sent would not be "malicious prosecution" but would there be any other applicable charge and would there be one against the attorney for not even doing even a minimal investigation before causing humiliating and emotional distress?
Attorney has the right to rely upon their client's representations and the cease and desist letter was only "publicized" to the recipient so there is no cause of action here that I can discern.
No humiliation that I can see--letter sent to you wasn't put out in public. Emotional distress claims aren't favored by the law, and in this case there's no emotional distress claim as the attorney has not just the right but the duty to send a letter if they believe the facts warrant it. You are free to dispute those facts. However note also assuming the letter just said to avoid x y and z, and you say you weren't doing them, what have you lost, what is there to get emotional let alone distressed about? It's not like they are telling you not to do something you engage in, legally.
Unfortunately, there likely is no legal remedy for your predicament. An attorney can rely upon the testimony of his own client and take appropriate action. Here the cease and desist letter was not publicized. In the eyes of the law, you have suffered no humiliation and minimal emotional distress.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
The Rules of Professional Conduct (RPC) 3.1 addresses a lawyer's ethical duty regarding bringing only meritorious claims and contentions. (http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=RPC&ruleid=garpc3.1).
Further, the Civil Rules for Superior Court (CR 11) require lawyers to act only in matters well grounded in fact and law. (http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr11). Courts can award attorneys' fees for violations of CR 11.
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
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