counterclaims

Submitted by Bill Hylton (United States), Jun 18, 2007 at 13:36

As a retired lawyer, allow me to make a recommendation.

Most states recongnize a cause of action (basis for a lawsuit) called abuse of process, or something similar. It is intended to provide relief to defendants who have suffered financial loss and or mental stress resulting from being named in a frivolous or harassing lawsuit.

I would recommend that your new legal organization research the possiblity of using this cause of action as a counterclaim. Plaintiff's lawyers would think twice about filing intimidating lawsuits if they knew they would have to convince a jury that their lawsuit was based solidly on the law and facts and was not filed merely to change the behavior of the defendants.

Best Wishes.

Bill Hylton

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