What recourse does a citizen have to hold a DA accountable?

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What recourse does a citizen have to hold a DA accountable?

After NC Magistrate ruled in favor landlord for summary ejectment of tenant for not paying on lease in 5 years on commercial property. Defense attorney filed outlandish counterclaim initially at $6M but now over $18M claiming landlord was a partner of defendant and now owes defendant/tenant for developing, operating, and maintaining a golf course – even though no such partnership existed between landlord and defendant. Tax records and tax assessment clearly show this $18M to be fraudulent. Yet NC DA allows counterclaim to stand in court, basically allowing fraud and extortion in NC courts. Plaintiff’s attorney is worthless. 

Asked on September 7, 2010 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Lawyers can held responsible for frivolous, unjustified, etc. claims and legal actions. If you believe that another attorney is doing this to you and also that your own attorney is not zealously defending your interests, you need to hire a new lawyer to both represent you and to look into action against the attorney you feel is making frivolous, unjustified, etc. claims. An attorney who does  this could be disciplined by the state court system, which licenses and oversees attorneys (you should be able to look up the attorney ethics or professional responsibility office  of  your court system for more information); in some cases, they might also be civilly  liable, which means the person against whom they have brought the wrongful action can in turn sue them.

Again though, if you don't have confidence in your own attorney, one of the first things to do is find a lawyer you do have confidence in.


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