Sue the Opposing Attorney – Some Resource Information

Below are several pdf files with law on suing attorneys.  There are two aspects to this- suing your own attorney which is malpractice,, or suing the opposing attorney for “abuse of process.” There is an excellent case below out of the Federal Third Circuit in Pennsylvania on the latter- abuse of process.

Unbeknownst to many lawyers, at least twelve jurisdictions  including New York and California — have statutes on the books that single out lawyers who engage in deceit or collusion. In nearly all of these jurisdictions, a lawyer found to have engaged in deceit or collusion faces criminal penalties and/or civil liability in the form of treble damages.

Until recently, these attorney deceit statutes have languished in obscurity and, through a series of restrictive readings of the statutory language, have been rendered somewhat irrelevant. However, in 2009, the New York Court of Appeals breathed new life into New York’s attorney deceit statute through its decision in Amalfitano v. Rosenberg. This Article discusses the extent to which, in this age of widespread distrust of the legal profession, this type of external regulation of the legal profession is a desirable approach. The Article concludes that although the utility of existing attorney deceit statues is undermined by the broadness of the language, the symbolism of the statutes is important. By relying on the development of tort law to address the same subject matter, courts can achieve the same educational and symbolic goals while dealing with attorney deceit on a more practical basis.

REMEMBER:  Always SHEPARDIZE to make sure the law is current and not overruled.

[pdf-embedder url=”” title=”Who May Sue an Attorney_ _ Perlmutter & Schuelke, LLP”] [pdf-embedder url=”” title=”attorney deceit statutes article Long”] [pdf-embedder url=”” title=”General Refractories v. Fireman’s Fund Ins., 337 F. 3d 297 – Court of Appeal”]