A lawyer has sent me a letter threatening to sue me for an assault on his client that I did not commit. He states in the letter that he has eye witness testimony and a police report implicating me in the assault. I was not involved in the fight but my friend was. I was not even near the fight but I was stopped by the police and questioned about it. I was not arrested but now 10 months later they want to sue me? How can this be? Is this extortion? What if the police report is inaccurate and says I did beat someone up even though I didnt?
1 Answer from Attorneys
Get a copy of the police report. If there is nothing in the report indicating your involvement do not worry, ignore the letter.
Some attorneys threaten to sue every possible person they can in an attempt to get a settlement. The practice is not necessarily illegal because courts have ruled that people can settle out of court to avoid the cost of a lawsuit. However if the suit is frivolous you can counter sue.
If you are not implicated in the police report, you can file a complaint with the Utah State Bar.