7 replies to this topic

[VACivilSuit]

I have been sued. My attorney filed an answer but did not countersue or ask for legal fees to be awarded or file an affirmative defense. Can I still due this?

[Tax_Counsel]

Are you still represented by the lawyer? If so, the lawyer will have to file any amended answer for you, if it's still possible to file one. Not knowing the details of your claim and what has happened so far in the lawsuit, I cannot say if you may file an amended answer at this time. It's also not possible to say whether you needed to file a counterclaim, whether legal fees are possible to be awarded in this matter, etc. In other words, it may not be necessary or appropriate to file the amended answer you wish to file. Have you discussed it with your lawyer? If so, what did the lawyer say about it? If not, why not?

[VACivilSuit]

I no longer have a lawyer. I was just served with discovery questions etc. I do have a counterclaim and the opposition is filing for awards of legal fees.

[adjusterjack]

Check out the VA Civil Remedies and Procedure. You might find your answer in Chapter 7.

http://leg1.state.va.../TOC0800100.HTM

Might help if you provide details about the lawsuit. Who's suing you and why? How much? What's your counterclaim about?

Might get you some helpful comments that way.

[pg1067]

I'm not sure the details of the case are particularly important to the question asked. You will have to seek leave from the court to amend your answer and file counterclaims. Leave to do these things is generally granted liberally in the absence of prejudice to the other side. I strongly suspect that the relevant rule(s) can be found via the link provided in the prior response.

[FindLaw_AHK]

Good reference by the poster above to the Code of Virginia: CIVIL REMEDIES AND PROCEDURE.

[Fallen]

I'd love to know what the "answer" said if it raised no defense.

You don't say what kind of case it is that you believe you're entitled to legal fees just because you're being sued (you said your attorney didn't "... countersue or ask for legal fees to be awarded..."). The law doesn't work that way. And if this is a breach of contract action and your contract calls for winning party being in a position to seek legal fees if each argues the other breached, it wouldn't make any sense whatsoever for your attorney not to be countersuing if you asked him/her to countersue.

Sounds like you're in over your head, and you need a lawyer. This isn't a good DIY project, unless in small claims.

[pg1067]

I'd love to know what the "answer" said if it raised no defense.

The poster didn't say the answer "raised no defense." He/she said that the answer did not include any "affirmative defense." An answer to a complaint typically includes two components: (1) either a general denial of or specific responses to the plaintiff's allegations; and (2) affirmative defenses. An affirmative defense is an allegation that, even if every one of the plaintiff's allegations is true, the plaintiff still loses (e.g., statute of limitations). While it is typical for an answer to include both a general denial or specific responses and affirmative defenses, it is not absolutely necessary to allege affirmative defenses.

you believe you're entitled to legal fees just because you're being sued

Nothing in the original post suggests that the poster believes this, and it isn't relevant to the question asked where he/she is or isn't.

. . . it wouldn't make any sense whatsoever for your attorney not to be countersuing if you asked him/her to countersue.

Which is probably why the poster "no longer [has] a lawyer."