Legal advice

[SOONER STEAKER]

Several years ago my father and me were sued and we retained a lawyer. We counter sued and the individual dropped lis suit after we had the case moved from small claims to a normal court hearing.

The suee dropped his case against us. Since then my father passed away. Today I get a $2,000 bill addressed to me father's estate.

My question is this. "Am i responsible for all of the $2,000 bill or am I only obligated to pay half?

Or, can I take the suee to small claims court to try to recoup my lawyer fees since the lawsuit was frivilous to begin with?

[SanJoaquinSooner]

Several years ago

why is the bill just now arriving?

[olevetonahill]

In Oklahoma ?
tell em to Kiss urass.
2 years Max

[Okla-homey]

call the guy who sent the bill and talk to him.

[Okla-homey]

In Oklahoma ?
tell em to Kiss urass.
2 years Max

waddya mean Vet? I don't understand. In OK, a person can sue on a busted contract up to five years later.

[olevetonahill]

waddya mean Vet? I don't understand. In OK, a person can sue on a busted contract up to five years later.

thot it was 2 in civil matters ?

[Soonermagik]

Several years ago my father and me were sued and we retained a lawyer. We counter sued and the individual dropped lis suit after we had the case moved from small claims to a normal court hearing.

The suee dropped his case against us. Since then my father passed away. Today I get a $2,000 bill addressed to me father's estate.

My question is this. "Am i responsible for all of the $2,000 bill or am I only obligated to pay half?

Or, can I take the suee to small claims court to try to recoup my lawyer fees since the lawsuit was frivilous to begin with?

If he truly did have a judgment against him; his estate must stand good for it. However, I would suggest calling whoever (the original plaintiff I assume) has placed the lein against your father's estate.

I would remain amicable and tell him if he truly wishes to get his attorney's fees reimbursed you too will seek the same thing. If you remain calm the guy will probably understand it is in his best interest to drop it.

[soonerboomer93]

i think the bill he got is from the lawyer?

[Rogue]

Yeah, we're gonna need more details.

[Soonerus]

5 years written; 3 years oral;

[StoopTroup]

Just go over to his house and shoot him. ;) :D

YWIA

[SOONER STEAKER]

The bill I received is from my lawyer. We put down a retainer for his services but the only thing my lawyer did was to move the case from SMALL CLAIMS COURT to Civil Court.

[Soonermagik]

The bill I received is from my lawyer. We put down a retainer for his services but the only thing my lawyer did was to move the case from SMALL CLAIMS COURT to Civil Court.

Ask the attorney for an itemized bill. If he only worked a few hours on the case and you gave him $500 -$1,000 retainer you should be good.

[OKLA21FAN]

is this just a case of getting paid for not doing any work?

no need to roast your lawyer for that!!!!!

:pop:

[XingTheRubicon]

If it was a written contract judgement lien, by Oklahoma law, it's 5 years but renewable every 5 years thereafter. You need to find out if it's an executed lien or not.

[XingTheRubicon]

Oh, OK a bill from your lawyer, as majik said, get an itemized bill from said lawyer and mention this website when he tries to charge you 3K for 6 hours work.

http://www.okbar.org/members/gencounsel/grievance.htm

[SOONER STEAKER]

Since my father has passed, am I responsible for the total bill or am I only obligated for 1/2 the bill since we both signed together?

Since it was a frivilous lawsuit, can I sue the man who sued us which made us hire councel?

[GottaHavePride]

I'm thinking the entire bill is all yours. No disrespect to your dad, but the lawyer still did the work at an agreed-upon rate. Now, if the lawyer is gouging you that's different. Otherwise, well...

http://livingininterestingtimes.files.wordpress.com/2008/01/shakespeare-got-to-get-paid.jpg

[SoonerKnight]

didn't Shakespeare want to GET rid of all Lawyers?

:D

[TheHumanAlphabet]

Interesting question, We you and your father listed as plaintiffs? If so, then I think 1/2 would come from his estate and you would be liable for half as well. You could always take your half as estate fees that are legally entitiled to you in discharging the estate. This of course assumes the bill is legit and is more than the retainer you left.

[SOONER STEAKER]

Thanks for the advice. I think I'll go with StoopTroup ideas, Go over and shoot the guy. :hot: :eek: :D :)

[Okla-homey]

Since it was a frivilous lawsuit, can I sue the man who sued us which made us hire councel?

That's called the tort of malicious prosecution. Very difficult to prove. Further, it would prolly cost more to sue the guy than to just pay the bill. Especially since these cases are very difficult to win given the proof problems you'll see when you read the three elements: (1) intentionally and maliciously instituting and pursuing a legal action (civil or criminal) that is (2) brought without justification and (3) dismissed in favor of the victim of the malicious prosecution.

IOW, you would have to prove the guy who sued you lacked justification for doing so. That is to say, he couldn't possibly have won on any of his claims against you -- and he knew it when he sued you.

Also know this, courts have stated the mere filing of a lawsuit cannot constitute an abuse of process. The parties who have abused or misused the process, have gone beyond merely filing a lawsuit.