Attorney liability to Non-Clients

Many claims against attorneys arise because an attorney was negligent in how he represented his client. Many others occur because his actions harmed a third party.

We are not intimidated by aggressive attorneys. In fact, when an attorney crosses the line beyond aggressively doing his job and engages in tactics that are improper, we take great pleasure in protecting our clients from being unfairly taken advantage of and try to make the attorney pay for the harm he has caused.

Attorney liability for Creditor Harassment

For example, under the Fair Debt Collections Practices Act attorneys who regularly collect debts as part of their practice must follow the same rules as other collection agents. If they don't they are liable for damages. You should review the information under Creditor Harassment on this website for more information about this form of attorney liability.

Attorney liability for filing frivolous lawsuits

Both attorneys and the clients they represent can be liable to whom they sue under both state and federal laws and rules if they participate in the filing or continuation of litigation without probable cause or for an improper purpose such as to improperly increase litigation costs.

This type of action against attorneys can take several different forms including filing a motion against the attorney or his client for sanctions or court-imposed penalties, a lawsuit against the attorney and/or his client after a successful defense of the litigation filed by the attorney or a claim within the lawsuit that the improper conduct is occurring.

A successful party can recover his attorney's fees incurred in defending the improper litigation, money for his emotional distress, recovery of any resulting out-of-pocket losses and for very serious offenses, punitive damages. Our office has obtained recoveries for our clients against attorneys who filed frivolous collection lawsuits and attorneys and trustees who filed improper bankruptcy motions and complaints.

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