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Who Is Representing Who? Cross-Complaint and Motion To Strike


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SCENARIO:

 

JDB Plaintiff is represented by Law Group, LLP.

 

Defendant cross-complains and names Plaintiff, Law Group, Law Group Lawyer A and Law Group Lawyer B.

 

Law Group Lawyer C puts in a motion to strike cross complaint, stating "Please take note that on DATE Cross-Defendants Plaintiff, Law Group, Lawyer A and Lawyer B will move the court for a motion to strike and dismiss the cross complaint filed by Defendant.

 

 

QUESTIONS:

 

1. Can Law Group Lawyer C represent Lawyer A, Lawyer B, Law Group and Plaintiff?   (Lawyer C was already an attorney or record on the case before the cross-complaint was filed)

 

2.  Can a single motion to strike cover all four cross-defendants?   

 

3.  Does something in paticular need to happen for Lawyer C to Represent all four parties?

 

 

 

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Thanks Nascar.

 

Since, for instance, Lawyer C is representing Lawyers A and B, do they need some sort of power of attorney or contract?  

 

Or is there some mechanism such that any employees of the law group can represent any and all?

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Oh, it must be horrible when they're lawyering up against you like that.

 

I am kind of a newbie, but have filed a motion to strike plaintiff's interest and attorney fees from their complaint. The judge denied my motion, saying that the complaint had sufficient supporting info for pleading purposes. So, what I am thinking is that, unless your cross-complaint is substantially defective, a well-written opposition to their motion to strike and then also requesting an oral argument in front of the judge for the motion hearing might help (the lawyers will probably have to travel to your local court, he he). Still, if I had the money, I'd probably hire a lawyer just to help me with an opposition to a motion to strike and a motion hearing. Could be money well spent...

 

It's so annoying when they keep adding and dropping lawyers to the case like that. Whatever happened with filing substitution of attorney forms with the Court?

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Slippery slope watch out for anti-SLAPP motion you could get some mean costs bill for it. However if you have them cold then carry on. To answer your question yes the law allows  lawyer C to represent Lawyer A and B and themselves in pro per and recieve lawyers fees for a,b,and c. looks like if they are successfull you could be on the hook for a few hours of lawyers fees.

 

if you prove your case they will be sorry.

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They are likely to be looking to dissmiss the cross complaint against the lawyers. Since the lawyers were not original parties to the case, they are not proper parties for a cross complaint usually. Most likely you are going to lose here.

 

However, I would not let them off the hook and you have a chance to screw with them. Send them a stipulation agreement to dismiss counter claim. Include language in there "that counter claim plaintiff shall dismiss the counter claim against lawyer A & B and refile as a separate action in Federal or State court". That will make them think for a bit.

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If Lawyer B no longer works for Law Group, and Lawyer C is representing B (well, actually the Law Group and Lawyer C), does that change anything as B is no longer an employee?  

 

I don't know enough about the fine points.  I could see that as an ex employee Law Group could cover Lawyer B...

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On attorneys (because they filed declarations as to the truth of things related to the below):

 

False representation of character, amount, status of any debt 1692e(a)

Use of false/deceptive means to collect 1692e(10)
Bringing action in judicial district other than where consumer resides 1692i (2)( B)

Failure to deliver notice of debt within 5 days of initial communication 1692g (a)

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Well, as long as you can prove all these allegations in Federal Court, you're in. Maybe you could give us some more details about exactly how they managed to commit all these violations. Some of these are a bit dicey to prove because the law firm is operating on information provided by their client. You can still file, in which case they will have the option of  naming their client as a third party defendant, which they will not want to do, because that means no more business. That doesn't mean the charge will stick.

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  • 2 weeks later...

Sorry, I had a 3 day seminar and then two days of busting a$$ with my lady to get a Writ of Prohibition done and filed just under the wire on a different case (fighting off a UD case on my cousin's house).

 

I'll be working on my Objection to their Motion to Strike in the next couple days, I'll give more details then.  Not that you were hanging, but didn't want you to think I wasn't replying/was leaving you hanging.

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