What recourse does a citizen have to hold a DA accountable?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What recourse does a citizen have to hold a DA accountable?
After NC Magistrate ruled in favor landlord for summary ejectment of tenant for not paying on lease in 5 years on commercial property. Defense attorney filed outlandish counterclaim initially at $6M but now over $18M claiming landlord was a partner of defendant and now owes defendant/tenant for developing, operating, and maintaining a golf course – even though no such partnership existed between landlord and defendant. Tax records and tax assessment clearly show this $18M to be fraudulent. Yet NC DA allows counterclaim to stand in court, basically allowing fraud and extortion in NC courts. Plaintiff’s attorney is worthless.
Asked on September 7, 2010 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Lawyers can held responsible for frivolous, unjustified, etc. claims and legal actions. If you believe that another attorney is doing this to you and also that your own attorney is not zealously defending your interests, you need to hire a new lawyer to both represent you and to look into action against the attorney you feel is making frivolous, unjustified, etc. claims. An attorney who does this could be disciplined by the state court system, which licenses and oversees attorneys (you should be able to look up the attorney ethics or professional responsibility office of your court system for more information); in some cases, they might also be civilly liable, which means the person against whom they have brought the wrongful action can in turn sue them.
Again though, if you don't have confidence in your own attorney, one of the first things to do is find a lawyer you do have confidence in.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.