Is the Lawsuit Process Overly Hostile?
I wanted to write about a topic that is something many do not realize—that litigation (the lawsuit process) is often overly hostile. The other side is your enemy and unfortunately sometimes they will engage in scorched earth warfare. It is critical that you have a lawyer in your corner who can not only engage with such opponents but can overcome them.
Often, but not always, the other side will engage in some or all of the following:
- Frivolous motions and requests
- Rude or condescending attitude and remarks
- Unsupported allegations that you are faking
Having a lawyer in your corner who knows how to deal with these tactics is vital. It is also imperative that you have someone who can prepare you to be able to deal with the other side. Below is an example of my response to the other side in one of the frivolous types of intimidation you may have to deal with. This case involved a restaurant which operated under one name but that name was not actually the business name. There were multiple actual business names that may have been involved in the operation of the restaurant, so we sued each one. This shell game tactic is used by some businesses to avoid getting caught in a lawsuit. The defense did not like it that we were on to their game.
CIRCUIT CIVIL DIVISION
CLIENT’s MOTION FOR SANCTIONS AGAINST BULLY DEFENDANT
CLIENT, by and through the undersigned counsel, moves this Court for an award of attorney’s fees against BULLY DEFENDANT and its counsel, BULLY LAWYERS. The grounds for this motion are as follows:
- Defendant served a frivolous §57.105 Motion, attached hereto.
- CLIENT filed a lawsuit against multiple legal entities, because the identity of the appropriate legal entity or entities involved in this matter is unknown at this time.
- This matter arises from a loss at a location that is owned by one of the entities.
- On that premises a restaurant operates that is known as YUMMY RESTAURANT but YUMMY RESTAURANT is not actually a registered business.
- CLIENT issued discovery to ascertain the identity of the legal entity but the defense has chosen to stonewall with a frivolous 57.105 motion instead.
- CLIENT is now forced to defend this completely meritless 57.105 motion while also simultaneously continuing discovery.
- The law is intended to penalize stonewallers and foot-draggers alike as well as forcing those parties to bear the financial burden for unjustified litigation.
- CLIENT seeks attorney fees and costs pursuant to law.
The above motion is in response to a motion from the defense. That motion could have resulted in attorney’s fees being imposed against my client and myself. I had to advise my client of the same and they were worried about the possibility of fees, despite my explanation of the frivolous nature of the motion. That was the point of the defense filing it—they want to intimidate and scare people. It is wrong and I do not tolerate it. You have to have someone who will stand firm and go toe to toe. If you don’t then you may be steamrolled. That case resolved shortly after I sent this response to the other lawyer. They knew they were caught and that I wasn’t going to let them get away.
I have over a decade of experience as a trial lawyer and have most likely dealt with scenarios like yours hundreds of times. I became a lawyer to help folks, but I also became a lawyer to fight against the injustice that can be present in our legal system. If you find yourself in a tough spot, please give me a call for a free consultation. My cell is 727-793-7619.