Attorney assisted in fraud - sue him?
July 31, 2007 9:18 PM Subscribe
Is it possible to sue someone else's attorney for fraud?
If I enter into a contract with someone who intended to defraud me and they used a lawyer to draft the contract. And the lawyer knew that his client was planning to defraud me...can I then also that lawyer?
How difficult is it to sue another person's lawyer for fraud?
If I enter into a contract with someone who intended to defraud me and they used a lawyer to draft the contract. And the lawyer knew that his client was planning to defraud me...can I then also that lawyer?
How difficult is it to sue another person's lawyer for fraud?
This post was deleted for the following reason: This would have been deleted sooner if I'd realized it wasn't just a near double, it was a serial request. If you need to ask a question a second time, it'd be a really good idea to include a link to the original and an explanation about why you're asking again.
You can sue anyone you want. Heck, you can even sue me. Would it be productive, eg would it likely end up with a net deposit in your pocket? Nope. Focus your anger, etc. on the person who "allegedly" defrauded you...you have enuf of a burden to prove that...
posted by america4 at 9:30 PM on July 31, 2007
posted by america4 at 9:30 PM on July 31, 2007
You certainly can sue them (you can sue anyone for pretty much anything), the big question is whether you have a chance of winning ... that's impossible to say without knowing the situation. I think you're in definite consult-a-lawyer territory.
I kinda suspect that you'd probably name both of them in the suit in any case, just going on the premise that lawsuits tend to go for the deepest pockets first.
But give some serious thought to how you're going to show that the other guy's lawyer knowingly intended to defraud you. Unless he's a total dunce, he's probably covered his ass somehow. (And you have to establish a very strong case for fraud if you want to break the normal attorney-client privilege; see here. Laws vary by state.)
In short I don't think there's any way to answer your question, except to suggest that you seek legal advice if you honestly think you've been defrauded and have substantial grounds for damages.
posted by Kadin2048 at 9:36 PM on July 31, 2007
I kinda suspect that you'd probably name both of them in the suit in any case, just going on the premise that lawsuits tend to go for the deepest pockets first.
But give some serious thought to how you're going to show that the other guy's lawyer knowingly intended to defraud you. Unless he's a total dunce, he's probably covered his ass somehow. (And you have to establish a very strong case for fraud if you want to break the normal attorney-client privilege; see here. Laws vary by state.)
In short I don't think there's any way to answer your question, except to suggest that you seek legal advice if you honestly think you've been defrauded and have substantial grounds for damages.
posted by Kadin2048 at 9:36 PM on July 31, 2007
if a lawyer was involved in committing fraud, you should contact your state bar association.
posted by Flood at 9:56 PM on July 31, 2007
posted by Flood at 9:56 PM on July 31, 2007
What Flood said. (call the bar.)
Not being able to make money anymore is a lot bigger hit than losing money.
you can sue him too, or not sue him, but call the bar if not only to make sure they're keeping an eye on the guy.
posted by The Esteemed Doctor Bunsen Honeydew at 11:02 PM on July 31, 2007
Not being able to make money anymore is a lot bigger hit than losing money.
you can sue him too, or not sue him, but call the bar if not only to make sure they're keeping an eye on the guy.
posted by The Esteemed Doctor Bunsen Honeydew at 11:02 PM on July 31, 2007
er, I had one more sentence that didn't make it. It was "and even if they don't nail him this time, if he does it again, it makes it more likely that he will be nailed that time, because he now has a record."
posted by The Esteemed Doctor Bunsen Honeydew at 11:04 PM on July 31, 2007
posted by The Esteemed Doctor Bunsen Honeydew at 11:04 PM on July 31, 2007
Can you perhaps tell us what you found unhelpful about the advice you received last time you asked this question? I don't think you're going to get different answers this time without more information or some direction.
posted by AV at 4:31 AM on August 1, 2007
posted by AV at 4:31 AM on August 1, 2007
If you're serious about suing someone, your lawyer can answer this question.
posted by The World Famous at 2:48 AM on August 1 [+] [!]
If the lawyer knowingly participated then sure you can go after him, that is you would have standing to sue. As to whether your case is good or not, whether to report him to the bar or not and other technical and tactical matters, consult your lawyer.
posted by caddis at 5:00 AM on August 1, 2007
posted by The World Famous at 2:48 AM on August 1 [+] [!]
If the lawyer knowingly participated then sure you can go after him, that is you would have standing to sue. As to whether your case is good or not, whether to report him to the bar or not and other technical and tactical matters, consult your lawyer.
posted by caddis at 5:00 AM on August 1, 2007
It's been my experience that lawyers are slow to sue other lawyers. I would focus on the original defrauder.
posted by ill3 at 5:14 AM on August 1, 2007
posted by ill3 at 5:14 AM on August 1, 2007
Can you perhaps tell us what you found unhelpful about the advice you received last time you asked this question? I don't think you're going to get different answers this time without more information or some direction.
Yeah. Two of the first five responders to your prior post actually ARE lawyers, and one of them gave you some rather extensive advice there. If you expect this go-round to be more helpful than that one, you should indicate what's still unclear to you.
posted by rkent at 5:15 AM on August 1, 2007
Yeah. Two of the first five responders to your prior post actually ARE lawyers, and one of them gave you some rather extensive advice there. If you expect this go-round to be more helpful than that one, you should indicate what's still unclear to you.
posted by rkent at 5:15 AM on August 1, 2007
This thread is closed to new comments.
posted by rdr at 9:26 PM on July 31, 2007