Another lawsuit question

[longhornbell]

Recently filed lawsuit against client who had broken contract by not paying for services. This client is in NY city. Services were performed here. When I sent the original demand letter, he sent back a demand letter saying I had not performed to his expectations and asking for over $100,000. My attorney then proceeded to file the lawsuit. Clients BIL is an attorney in NY. In addition to the monetary settlement, my lawsuit contains reference to information I have that could virtually put this client out of business and tie up his bank account for a very long time. Thought it was a virtual slam dunk. Now, I am concerned he will counter sue me for the $100,000, for which I would have to hire legal counsel to address. I am thinking his strategy is to just make this a draw. I drop my suit if you drop yours. Is this possible?

 

[pasotex]

Don't you have an attorney?

 

[horns58]

Of course they will attempt to countersue. That is a good way to get you to drop your lawsuit. Yes, you can both agree to drop your claims against each other or agree to a monetary settlement out of court. That is how most disputes end up getting resolved.

To answer your other question, they will probably file their claim as counterclaim in the lawsuit you filed. If they file a separate lawsuit, then you can move for joinder of the two cases (i.e., combine the two cases). If your attorney didn't tell you this, then you need to get a new attorney.

 

[longhornbell]

Yes, I do have an attorney. But, it never hurts to get a second opinion. He has no grounds to sue me. I upheld my end of the contract to the T. In addition, a countersuit would mean he would have to find an attorney in Texas or come here himself. I would think it would be easier to just pay what he owes. That is actually all I am suing for.
Thanks for the response.