Legal Question in Credit and Debt Law in Wisconsin

Can I counter sue for damages from an attorney not doing his job? Small Claims c

I am being sued in small claims by a law firm for fees. The attorney from that firm up and left suddenly, as it turned out he was not working on our IRS problems for which we hired him. 2 Years went by and we accumulated intrest and penalties totaling thousands. 3 years have past and now the firm is coming after us for fees it says is owed by us, when the attorney did nothing. (I have writen proof that the firms billing is false from the IRS) and no work was done. Can I counter sue for the IRS intrest & penalties? Let me make it a little more clear, they billed for spicific phone calls, emails, and meetings with the IRS. The IRS officer gave me the detailed notes that are taken with every contact with a taxpayer (us)and the attorney, they do not jive at all. Because this is a made up bill. Thanks so much for any input you can give.


Asked on 5/14/03, 11:40 am

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Can I counter sue for damages from an attorney not doing his job? Small Clai

Hello,

The short answer to your question is yes. If someone sues you in small claims court, you can bring your claims against them at the same time for the related matter. I have no way of knowing how strong your claims are, but check with the clerk of the small claims court to see how to file a counterclaim. It should not matter that you are claiming against your lawyer. Best wishes,

Mark J. Mahoney 920-984-4529

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Answered on 5/14/03, 9:59 pm


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