Practicing law has its small pleasures, and dealing with litigation bullies is one of them.
“Perhaps you should notify your insurer,” a litigation bully said to me in an email sent last year, after he served me with this client’s claim, alleging all manner of misdeeds on my part.
When I was a fresh call to the bar, an email like that would have caused me concern. If you report yourself to your insurer, you might have to pay a deductible. Your premiums could go up. And worst of all is this: suppose the insurer denies coverage? If they refuse to help you out, you’ve reported yourself for nothing. You get all the downsides of reporting yourself, but none of the benefits.
But I’m not a fresh call. I’ve been doing this a while, and the email caused me no concern.
I didn’t call my insurer to notify them that I’d been sued for doing my job. There was no need. I took care of it myself, in a series of court attendances all of which ended badly for opposing counsel.
Now I have four cost awards, not against the Plaintiff, but against opposing counsel personally. Another hearing is coming up next month, where I’m seeking a dismissal and with it, a fifth and final cost award, this time for the costs of the action.
My opponent had filed nothing in response because at this point, there’s not much he can say. I was really curious to see what he would do.
Then I received another email, and learned that the pain had been too much for opposing counsel. He had retained counsel, I learned, and he’d reported himself to his insurer.
That was great, but what was even better, was that his insurer denied coverage. He’d reported himself for nothing.
If the insurer believes the claim is not covered they will often shoulder the costs of defense anyway, reserving their right to deny coverage if they lose.
Was this a legal malpractice claim? What even is the point of having malpractice insurance if you're going to waive coverage by failing to notify your insurer that a claim has been brought against you? I have done claims repair for legal malpractice carriers and this is generally not the approach they like to see. You will have to disclose the claim anyway when you renew your insurance.
He who represents himself has a fool for a client.
When I get sued I docket the file at my hourly rate and seek costs. I settled a big one earlier this year for well into the six figures in costs. So when I get sued it’s a nice way to make some extra money.
Most of everything you have posted that I have read comes across as complete horse&*%^. Did you practice for a few years and get disbarred/disciplined, and now live vicariously through an imaginary career?
Literally, this falls apart at the slightest scrutiny. Assuming solicitor and own client costs at a generous $500/hour, he would have to bill 200 hours to hit just $100k in legal costs (nevermind 'well into six figures'). Either he is happy to have spent at minimum a full month of 50-hour work weeks (did he self-rep a trial??), he severely overinflated his billings (committing fraud) or he gets a weird thrill over cosplaying as a lawyer on the internet.
Someone stuck him with the tag "spinner of fine yarns". Pretty accurate. Another nail in the coffin is he is purporting to be a Canadian lawyer. Costs just don't work that way here.
How do costs work, if not as I described?
Personal costs against OC, for pursuing a lawsuit against you? Four times? And yet, not dismissed? And no Law Society discipline? Was a pretty easy search. And how are you privy to something as confidential as his relationship with LAWPRO or similar, because I am sure he loves sharing details with you.
Wannabe Canadian version of John Grisham or something.
I bill at $650, which is ok for my year of call. When I get sued I work the file just like any other, and when I get a costs award I collect it. And as for going to trial that rarely happens with me anymore.
Costs are based on the tariff, unless of course you are collecting on your imaginary 4 personal costs awards!
The fact that he thought that costs are awarded at whatever rate the lawyer receiving costs actually bills at should confirm that he's not a lawyer if the million other implausible or wrong things didn't already do it for some. That and the award and hours involved he's describing are obviously insane, especially given that he characterized the suit as manifestly frivolous and not complex (not that that would have made any of this make sense).
This is basic shit that even I, as someone who exclusively practices criminal law and has never dealt with cost awards, knows.
how is it that you get sued for legal malpractice often enough to have a standard "when I get sued" approach?
Nobody at my firm (25 lawyers) has been sued in the seven years I've been there.
As mentioned in the post I was sued for doing my job. In other words, my opponent sued me for the way I represented my client.
All the litigators in my office have faced similar lawsuits. They are frivolous. When I’m suing some guy for a client and he sues me back for doing my job, that claim is not goi g to go very far.
Please stop masurbating where we can see you.
I came very close to buying gold to give you for this comment, but I just can’t bring myself to do it.
Have some delicious emojis though: 🥑🍕🍰
And OP just came.
You had me with the title, but this went off the rails.
Dealing with arseholes in litigation is always fun. I often see the same names on the other side. I really do not see the point in it - if you're going to be an arsehole, you need to be prepared to never need any leeway from your opponents at any time. I have had to speak to Defendants, who 2 weeks ago refused an extension for a disclosure list, asking for the same on another matter.
One partner who is a notorious dickhead in our small corner of the world, regularly picks up cases which he thinks are winners to make himself look good. Getting a good result against him is just that extra bit satisfying as a result. We're not saving the world mate, we're pushing insurance companies' money around.
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I’m with you litigation bullies can be killers in and out of court. As you’ve seen it generally generally works in your favor. The only thing that works is calmly showing you’re not playing their game. I’ve told plenty of lawyers, “If this keeps up, we’ll call the judge.” Most back down. It’s high school all over again some of those same bullies just got law degrees.
The only way to deal with a litigation bully is to show him his blood on your hands.
Edit: metaphorically, I mean. Kick their ass in motions practice. Embarrass them in front of their client when they have to go back for more money. That sort of thing.
Mmmm that is so satisfying.