So You've Been Sued by Someone You've Never Represented—Now What?

Battling Frivolous Lawsuits Puts You in the Client Seat

, Texas Lawyer


We've all been told that nonsense lawsuits from pro se litigants and former opponents are just "the cost of doing business."

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What's being said

  • JLVD

    This is a very simple problem to deal with. Use extreme aggression in dealing with such lawsuits. Immediately file a motion for summary judgment and a motion for sanctions. If you can plead attorney fees, do it. The more aggressive and nasty you are about dealing with such lawsuits, the more you will deter others from similar conduct in the future.

  • John Fahy

    Mr. Weinberg: I agree that there is no difference in the ethical duty of zealous representation in litigation and non-litigation forums, but a federal judge in S.D. Texas limited the holding in Cantey Hanger to litigation only - holding it was not applicable to adverse counsel in transnational matters in response to a 12(b)(6) motion. The Fifth Circuit decided the appeal of the 12(b)(6) motion denial last month in Kelly v. Nichamoff - and upheld the denial of the 12(b)(6) motion. But, the Fifth Circuit did not reach the question of whether Cantey Hanger applied to non-litigation forum. The case is worth a read and inclusion in any review of Cantey Hanger.

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