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.
If opposing counsel refuses to respond to your communications, you should consider sending a formal written request for a response, documenting your attempts to communicate, and seeking guidance from a supervisor or legal authority if necessary.
Not if he's a friend of his own client, I don't think.
If opposing counsel files a motion alleging false testimony, you should review the allegations carefully and gather any evidence or testimony to support your position. Consider consulting with your own legal counsel to prepare a response and address the situation appropriately in court. Be prepared to defend your credibility and provide any necessary documentation to refute the accusations.
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.