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I Answered & Listed Affirmative Defenses - Do I Need Defenses/Counterclaim?
I beg your patience for my lack of knowledge up front. I don't have much time & little money. I have answered a 4 part complaint and have listed my Affirmative Defenses. Do I need to list defenses also? The suit is in regards to a divorce attorney bill. I told them what I needed and expected up front they agreed they would do it. They asked for and got $7k at that time. They then read the details of the divorce and wanted to go after big $. I reiterated what I said at first meeting. Long story short, they did what they wanted and charged me for it. Total cost of divorce $32k and increasing. My $125k settlement I'll have to fight for, but this lawyer tells me he wants 100% of the settlement. I feel I need to fight so he doesn't keep trying the same thing on others. However, I'm in CA and they're in Oregon so I don't qualify for legal aid as either it or I am out of state (improper vernue?) It's a big firm and they purposely performed insufficient service at a 17 month old address and then didn't even send their proof to the courts within the legal timeframe. If possible can you address what I've asked thus far? Do I need Defenses? Should I file a counterclaim? They Claims for Relief - do I have to submit separate Affirmative Defenses for each or can I do it all in one? Is there an ala cart type legal service that I could just get a review of the Answer before I submit?
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You are making an ENORMOUS, COSTLY mistake by answering the papers yourself. Is there a law school in your area that has students available to assist you in preparing the papers? Some of your allegations - they PURPOSELY did/performed this and that - will not stand up in Court. I don't believe you can address their "purpose." Again, you need legal counsel or you are going to lose big time. Sorry to be discouraging but I find this to be the truth when the Plaintiff is an Attorney. |
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FYI I already appeared via telephone at the pre trial and the Judge said it will go to arbitration first, so just file an answer. If I can't get any help, should I just file the answer? I do have 20 Affirmative Defenses prepared, I'm just not sure I have all covered that should be or if I need defenses also. Anyway, I'll look into the law school prospect today. Thanks, again. |
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