STOLLER ON FILING A WELL PLEAD MALICIOUS PROSECUTION SECTION 1983 LAWSUIT

2/17/2010

CHICAGO-(AEAE)-The attorney must make certain that he has a good grasp of the law and facts supporting each theory of recovery. The law and facts being relied on should be well documented. While the nature and extent of research and investigation are irrelevant under the objective standard for probable cause, they are directly relevant to the issue of malice. Additionally, a lawyer who has conducted an investigation and research makes a much better impression on the judge and the jury, should malicious prosecue. While an attorney is entitled to rely to a significant degree upon the factual information provided by the client, factual disputes sometimes arise as to what information the client provided. It is therefore important to carefully document what information is being relied on. Doing so can also assist in properly evaluating the merits of the claim, and can provide protection in the event malicious prosecution litigation results.

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Splurge

2/14/2010 02:40:16 pm

Ready, set, Go!

Thrasher

2/14/2010 11:01:04 pm

What a wise financial move that would be-- send $150.00 over the Internet for "legal guides" to a guy who was accused by the Illinois Attorney General of setting up an Internet scam to defraud 9/11 victims. Quit embarrassing yourself, Leo.

The GAL

2/15/2010 03:10:07 am

No wonder your children hate you and have changed thier last name

Indirect Criminal Contempt Petiton

2/15/2010 07:47:29 am

Charges against the "gal" with violating 720 ILCS 5/32-2(a) perjury a Class 3 Felony and 720 ILSC 5/11-20,1 a class 1 Felony will be filled Feb 16, 2010. They would have been filed on Feb 15, 2010 but it was a "court" holiday

Teacher

2/15/2010 09:43:28 am

It is about time for the "Gal" to learn a lesson

Post Man

2/15/2010 09:44:56 am

"Gal" please sign that "green" card when you get your summons, you should have it be this Thursday.

2/15/2010 09:48:46 am

Hey Stupid you have to personally serve a summons not mail it you fool

Easterbrook

2/15/2010 01:17:20 pm

Do you now

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Americans for the Enforcement of Attorney Ethics