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- 1Repeated filing of frivolous lawsuits is harassment; if the OP experiences this they can recover damages. The judge, in addition to dismissing the plaintiff's lawsuit with prejudice, can at his discretion award "reasonable attorney's fees" to the defendant, and in such a case it'd be highly likely. Once this happens, the OP's lawyer will be happy to forward all his bills to the other lawyer, and should the other lawyer be stupid enough to persist he will run himself out of business. At some point, the amount of money this lawyer owes will be enough to file a REAL lawsuit going the other way.KeithS– KeithS2011-07-19 18:15:44 +00:00Commented Jul 19, 2011 at 18:15
- @Keith: IANAL. While you may like to believe what you say, it only makes sense and seems fair the way you say it, and it may even be written in law the way you say and I totally agree that is how it should work. Unfortunately, in the real world it doesn't work that way. I do have first hand knowledge of this fact. Contrary to popular belief, our legal system doesn't make sense and it has little to do with justice, only legalities.Dunk– Dunk2011-07-19 20:41:46 +00:00Commented Jul 19, 2011 at 20:41
- Simply cutting your loses is unacceptable. There is overhead, costs, payroll, stuff that just doesn't fall out of the sky. It's insulting to not pay your bills and he should take it as such. He needs to seek the proper counseling and recoup any monetary value that is outlined in the contract.Nayrb– Nayrb2011-07-19 23:46:12 +00:00Commented Jul 19, 2011 at 23:46
- @Dunk: Absolute bollocks.Sylver– Sylver2011-07-20 10:51:17 +00:00Commented Jul 20, 2011 at 10:51
- If you have the cash, the time and stress medication to go after/fight the guy, then by all means do. However, for most small businesses it just isn't possible since your lawyer is going to expect to be paid while you are in the process of suing/defending against the other lawyer, which could take years. Even if you win some money, you then have to spend money to initiate collection proceedings if the other guy still doesn't pay up. While it doesn't sound fair, it's how the legal system works in real life. Real life does not match most people's vision of how the legal system should work.Dunk– Dunk2011-07-20 15:41:16 +00:00Commented Jul 20, 2011 at 15:41
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