It depends on which State the case occurred in. If it is the other party's attorney who caused you damage outside the boundaries of the rules of attorney conduct, you cannot sue them for malpractice. However, in some states, such as Pennsylvania, you can sue the opposing counsel for abuse of process or other torts such as fraudand tortious interference with contractual relations or prospective enrichment. Reseach these laws for your state by performing an online search. There is a multitude of supporting case law from their Superior and Supreme Courts that will support your complaint. Good sources are Google scholar and Justia.com for free case searches. The more people who do this, the less corruption we will have in our legal system.
From the question it sounds as if opposing counsel might have already received a court order to hold the auction. If so, I don't what you can do at this point, but try going to the court and filing a motion to block the sale or requesting disclosure from opposing counsel.
Examination of a witness by opposing counsel is called cross-examination, assuming that by "opposing counsel" you mean examining a witness that is testifying against the client of the opposing counsel. Examination by either counsel of witnesses in favor of their client's position is called direct examination.
only if he does something illegal.
Not if he's a friend of his own client, I don't think.
EBT: Examination Before Trial: Parties are being deposed by the opposing counsel. A part of the discovery process.
We have to choice and free to fire attorney and seek alternate counsel. Perhaps that would be the best bet because while you are still represented by counsel, it would be inappropriate to comment.
If you are referring to them being opposing counsel in the same case - I believe the Bar Code of Ethics would prevent it due to the possible appearance of conflict of interest.
In America, most anyone can sue anyone for anything as long as you have a valid legal claim. The association's counsel will require proof of vandalism by the children in order to draft any kind of suit. No association counsel will file a suit that is un-win-able by the association.
Lawyers may face moral issues when pursuing a case. They may also face hostility with some clients or with opposing counsel.
No, you cannot sue a minor. You can sue the minor's parents though because they can be held responsible for the minor's actions.
Generally no. You may have to appear at certain hearings or conferences (or at a deposition, depending on where you sue) - but normally you can sue in another state without actually travelling there. You will need to find local counsel, however, unless you plan on representing yourself. Additionally, some courts do allow telephonic appearances at certain types of hearings.
What type of law/case are you talking about? If it is family law and the opposing party is not represented by counsel, then the answer is No, as long as it is in regard to settlement issues.Added: It is generally NOT an issue if the attorney is negotiating with the knowledge of the person that retained them. It is only if such negotiations were not disclosed to their client, that it might be considered misconduct.