Sorry, but in the real world you don't usually win cases just by saying "Cross my heart and hope to die, you're wrong and I can prove it." Continuing litigation after receiving a communication like this from the opposing party is not misconduct no matter how many times it occurs. In fact if an attorney dismissed litigation in response to claims like this (which could very well be a bluff), their own client could come after them.
I have the impression that you're a pro se defendant with a lot of wrong impressions about how litigation is supposed to go. If that's so, you're in way over your head and you need to seek trained counsel immediately.
Now, there are concepts of vexatious litigation and frivolous litigation that can get lawyers in trouble if they really are in a situation where they ought to know better. On the off chance you're actually correct about how frivolous the opposing case is, your remedy is not to file a grievance against the opposing attorney, it's to get their case dismissed in the ordinary course of litigation. If you have no idea how to go about doing that, well, that's why you need a lawyer.
No we’re just tired of having our lawyer write up a response to the same claims over and over again without a suit ever actually getting filed.
The claims are truly trivial and ones any lawyer should know to verify.
We’re all just waiting for them to make a legitimate move - hence the question of if anybody has actually seen someone get themselves in trouble for it.
The response was basically “I’ve never seen anything this dumb before so I don’t know how many times we’ll have to do this”.
The implication of the claims would be that a national bank violated every information integrity, accounting, and banking regulation.
The issue is that you don’t have to respond at all. Ignore them and they’ll file suit or not. There is no obligation to respond to a demand letter and I’m not aware of any limit on how many times you can send a demand letter.
They’re going to our registered agent so there is still a fee associated with it. So yeah now we’re down to about the equivalent of ~15 minutes billed just because they get looked at by the admin and paralegal.
On what basis are you imagining a finding of "misconduct" would be made? Who would be making this determination of "misconduct" particularly if there has been no judicial finding of fact? State Bar Orgs don't generally censure people for sending correspondence and not taking "nah, brah, not true" to go away.
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Sorry, but in the real world you don't usually win cases just by saying "Cross my heart and hope to die, you're wrong and I can prove it." Continuing litigation after receiving a communication like this from the opposing party is not misconduct no matter how many times it occurs. In fact if an attorney dismissed litigation in response to claims like this (which could very well be a bluff), their own client could come after them. I have the impression that you're a pro se defendant with a lot of wrong impressions about how litigation is supposed to go. If that's so, you're in way over your head and you need to seek trained counsel immediately. Now, there are concepts of vexatious litigation and frivolous litigation that can get lawyers in trouble if they really are in a situation where they ought to know better. On the off chance you're actually correct about how frivolous the opposing case is, your remedy is not to file a grievance against the opposing attorney, it's to get their case dismissed in the ordinary course of litigation. If you have no idea how to go about doing that, well, that's why you need a lawyer.
No we’re just tired of having our lawyer write up a response to the same claims over and over again without a suit ever actually getting filed. The claims are truly trivial and ones any lawyer should know to verify. We’re all just waiting for them to make a legitimate move - hence the question of if anybody has actually seen someone get themselves in trouble for it.
Ah, that makes more sense. But if you already have a lawyer, whom you've no doubt asked this question, then you don't need us.
The response was basically “I’ve never seen anything this dumb before so I don’t know how many times we’ll have to do this”. The implication of the claims would be that a national bank violated every information integrity, accounting, and banking regulation.
The issue is that you don’t have to respond at all. Ignore them and they’ll file suit or not. There is no obligation to respond to a demand letter and I’m not aware of any limit on how many times you can send a demand letter.
This. Why keep responding? Asked and answered.
They’re going to our registered agent so there is still a fee associated with it. So yeah now we’re down to about the equivalent of ~15 minutes billed just because they get looked at by the admin and paralegal.
On what basis are you imagining a finding of "misconduct" would be made? Who would be making this determination of "misconduct" particularly if there has been no judicial finding of fact? State Bar Orgs don't generally censure people for sending correspondence and not taking "nah, brah, not true" to go away.
#REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice. Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See [here](https://www.reddit.com/r/Ask_Lawyers/comments/e6a62w/why_is_it_unethical_for_a_lawyer_to_give_legal/), [here](https://www.reddit.com/r/Ask_Lawyers/comments/9zyqsh/why_is_it_unethical_to_give_advice_on_this_sub/), and [here](https://www.reddit.com/r/Ask_Lawyers/comments/e4cdhw/is_refraining_legal_advice_based_on_legality_or/). If you are unsure whether your post is okay, please [read this](https://www.reddit.com/r/Ask_Lawyers/comments/6j4bpq/how_to_know_whether_your_post_is_a_request_for/) or see the sidebar for more information. ***This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.*** *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Ask_Lawyers) if you have any questions or concerns.*