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malicious prosecution - pro se

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R

rothie

Guest
What is the name of your state? NJ

Can a lawyer go ahead with a malicious prosection charge, while the case against his client hasn't even been adjudicated?

Can a lawyer hand a mailicous prosecution charge,while you are in the middle of a hearing against his client?

Thanks,
 


I AM ALWAYS LIABLE

Senior Member
stephenk said:
yes and yes.

My response:

Stephen, are you answering based upon California or New Jersey law?

As you know, California requires that the prior lawsuit must be terminated in the defendant's favor. The "termination" need not be final, but it must reflect upon the merits of the underlying action. I can only imagine that New Jersey law is similar, if not the same, in this respect. It wouldn't make any sense otherwise.

Can you clarify please?

IAAL
 

stephenk

Senior Member
Based on the cryptic question, yes the other attorney can file the suit. but will the case prevail, no.

Yes the poster can be served with the suit, even if it has no merit.
 

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