https://www.overlawyered.com/2007/04/fighting-fire-with-fire/ Chronicling the high cost of our legal system Thu, 19 Apr 2007 20:59:12 +0000 hourly 1 https://www.overlawyered.com/2007/04/fighting-fire-with-fire/comment-page-1/#comment-14060 Thu, 19 Apr 2007 20:59:12 +0000 http://overlawyered.com/wpblog/index.php/2007/04/fighting-fire-with-fire/#comment-14060 I haven’t seen the Complaint but, one can’t sue another if the basis for the cause of action is the defendant’s act of filing a lawsuit (unless it meets the sham exception, defined as being devoid of any basis in fact or law). If memory serves, California has anti-SLAPP legislation in place.
What standing does the business owner have to sue? Abuse of process? Malicious prosecution? Seems like the appropriate remedy is through the attorney discipline system (in the case of the lawyer), `though we know that most all such systems (like Colorado’s Attorney Regulation Counsel, which we have dubbed the ‘Attorney Deregulation Council’) are illusory and ineffective by design.

]]> https://www.overlawyered.com/2007/04/fighting-fire-with-fire/comment-page-1/#comment-14059 Tue, 17 Apr 2007 17:26:10 +0000 http://overlawyered.com/wpblog/index.php/2007/04/fighting-fire-with-fire/#comment-14059 I have always though that that it is best to fight fire with fire. I just hope that we will see further inroads for attorneys to face frivolous legal malpractice suits to extort them out of insurance money.

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