what to do if a lawyer threatens and insults you

If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.

Full Answer

How do I deal with a threatening attorney?

May 25, 2018 · We have also witnessed individuals representing themselves who appear to feel licensed to insult and verbally abuse opposing counsel and even the court. When it is a lawyer who is behaving badly, there is always the option of reporting the lawyer to the Law Society of Ontario for misconduct 1 – but that is not the subject matter of this blog. Our goal here is to …

Is it unethical for a lawyer to threaten criminal charges?

Mar 10, 2013 · You, or whoever is receiving the message should offer to consider any demands, but let the lawyer know you are uncomfortable meeting, if you are. If the lawyer becomes uncivil, or threatens action he knows he cannot take, such …

Why do lawyers write threatening letters?

Dec 14, 2010 · He should open the door, step inside, THEN you close the door, lock it, terrify the living shit out of him until the monster begs you to let him out. A threatening attorney must be made to realize that his life is much better returned to intimidating average people. He should want nothing to do with you. You are the pig who enjoys getting dirty.

How to respond to a client threatening to sue you?

May 22, 2017 · What should you do when your attorney threatens you physically and calls you numerous names while berating you. Just a quick summary I was following up with a settlement and because I made four phone calls in a month spand with no return call from a actual attorney or anyone for that matter. They called back and called me numerous names like a ...

How do you deal with rude lawyers?

Can you sue someone for mocking you?

Can you sue someone for being disrespectful?

Can someone sue you for yelling at them?

What are the 5 elements of defamation?

Can you go to jail for defamation of character?

How do you prove slander?

What is defamation lawsuit?

What is defamation of character lawsuit?

How do you prove verbal threats?

Can I report verbal abuse to police?

Is verbal abuse a criminal offence?

Can you report a man who is romantically involved with his client?

If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing.

Can an attorney use threats against someone?

An attorney cannot use threats against someone to gain an advantage in a civil matter. However, the attorney can warn that person that he is about to file a lawsuit to resolve a matter.

Can an attorney write a demand letter?

It is permissible for an attorney to write a demand letter and say that he will file suit if you don't pay the demand, but after that, he ought to just sue or shut up. You don't have to meet him personally, and you probably should not. If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing. You can also hire an attorney to represent you in this matter, and that will put a stop from the attorney's contacting you at all. Good luck.

Is an in person meeting a good way to resolve a dispute?

Sometimes an in-person meeting is a good way of resolving disputes without resorting to a lawsuit. That being said, in the situation you describe, the aggrieved party should at least consult with an attorney to go over the specifics, the background, the evidence and then options and recommendations. It will be worth the cost of the consultation fee.

Is it unethical to threaten a lawsuit?

It is not unethical to threaten a lawsuit if you refuse to negotiate a settlement. You, or whoever is receiving the message should offer to consider any demands, but let the lawyer know you are uncomfortable meeting, if you are. If the lawyer becomes uncivil, or threatens action he knows he cannot take, such as threatening criminal charges, that would be unethical.

What does it mean when a lawyer threatens you?

You have to understand this fundamentally: When someone hires a lawyer to threaten you, he’s not hiring someone to figure out the legal matters involved, he’s hiring someone to threaten you. Crushing you and making you bend is the first priority, the law is just a tool.

What happens if a lawyer asks for proof of identification?

If a lawyer that you haven't signed a contract with asks for proof of identification, or anything else, you just don't give it to them. They have no more right to access that information than any other slob on the street - it's the courts that have that power.

Is an attorney a businessman?

They aren’t business men and they’re usually unwilling to take even the slightest personal risk. Attorneys are very uncomfortable about being attacked personally, and they’re not used to it. You have a lot of leverage over them by going after their license and their reputation, two things they guard dearly.

Who said "I learned long ago never to wrestle with a pig. You both get dirty, but the

“I learned long ago, never to wrestle with a pig. You both get dirty, but the pig likes it.”. George Bernard Shaw.

Can lawyers make it expensive?

That's nonsense. They can't make it expensive at all - lawyers aren't the court, you can completely ignore them unless they have a court order (in which case you'd be ignoring the court - bad idea). It only becomes expensive if you hire a lawyer, who then proceeds to read & respond to all of the former's correspondence - then it's the lawyer you hired which is fleecing you.

Is it a good idea to call a lawyer?

It’s true, and it is rare, sometimes you call a lawyer and his tone is actually warm and a little friendly. That’s good. He might actually be a reasonable guy and might try to make a fair situation out of this. Go ahead and work it out fairly. Getting an attorney involved is a hostile act, but see if there’s still an opportunity to resolve the matter cooperatively.

Can young attorneys be reckless?

Also young attorneys looking for experience can often be stupid and reckless and willing to ruin everyone’s life by pushing cases forward on their client’s dime that shouldn’t move forward. The same fundamental principles apply, but it can call for different approaches outside the focus of this article, which may include discrediting the young attorney in the eyes of his client, causing his client to fear representation from him, and bypassing the young attorney altogether.

George Peter Conway

New York is a “one-party” state, meaning that a private conversation can be recorded if at least one party to the conversation consents to the recording. In your case, you were a party to the conversation; and you consented to the recording. As long as you and the other party were located in “one-party” states, no crime was committed.

Daniel Earl Skinner

You should report this to the grievance committee. As to the legality of the recording, NY has a one-party consent law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05.

Jae Sang Lee

Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.

Mary Katherine Brown

Although the attorney's comments may have been unprofessional an offensive to you, these type of comments rarely provoke much of a reaction from the court--as you saw already. Revisiting this offense at your next court appearance will probably just annoy the judge. Unfortunately, people lie in court all the time.

Salvatore Scibetta

Stay focused. Do not let snide remarks make you lose sight of the case. The Court has already stated her position on the comments, no need to revisit them. Continue to save all of your support payment documentation as well as documentation evidencing your efforts to seek employment. Facts win cases.

Marco Caviglia

Don't sweat it. The judge probably scored a couple of sympathy points with you for the comment.

Peter Christopher Lomtevas

You are unable to act against the attorney. Attorney argument is immune from suit. As for child support, you understand it better now when former President Jimmy Carter says we are no longer a functioning democracy. You are lucky you didn't get referred for civil incarceration. The job hunt problem doesn't matter.

Howard A. Schwartz

It is unlikely the judge will dismiss a support case based on the attorney's comment. Once the arrears have been reset there is probably little the judge will do. Hopefully you will be able to catch up with payments before it becomes a bigger problem. Good luck.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

How to respond to a client threatening to sue you?

If it does go to court that will protect you more than anything other than a rock hard, iron-clad contract. Having both a contract and documented proof of attempting to resolve the issue will help ensure that you aren't sued because the threatening party's attorney is going to read and review the case first, and then advise their client whether they can win, what they can win, and if it's worth the battle. The better your case outside of court, the less likely it is to go to court. So, how to respond to a client threatening to sue you. I am not an attorney and this is not legal advice, it's just wise advice from my experience.

What does it mean to threaten someone with a lawsuit?

Threatening someone with a lawsuit is the verbal equivalent of picking up a baseball bat and waving it at you. It's intended to intimidate and scare you. Stand your ground.

What to do when the courts decide for you?

If the courts have to decide for you, I can almost always guarantee you that no one will win. The best thing both parties can do is set aside the egos and anger, respond calmly, reasonably and then work together to seek a genuine solution.... and document and tape record every single keystroke or word as you do.

Why do you need both a contract and documented proof of attempting to resolve the issue?

Having both a contract and documented proof of attempting to resolve the issue will help ensure that you aren't sued because the threatening party's attorney is going to read and review the case first, and then advise their client whether they can win, what they can win, and if it's worth the battle.

Does an email count as proof of legal contract?

If it's not written down (or tape recorded) it doesn't exist. Emails count as proof of legal contract, unless you have a clause in your email signature that they don't. After explaining to a client the facts of a case they screamed at me, literally, that I was a moron and they didn't want that in their book.