Malicious Prosecution

Our firm strives hard to not only protect our clients, but the protect the process of court. Few things are as infuriating to our firm as someone else wrongfully attacking our clients through the court system.

The courts have said that;

“Protection against wrongful litigation is afforded by a cause of action for either abuse of process or malicious prosecution. The legal theories underlying the two actions parallel one another to a substantial degree, and often the facts of a case would support a claim under either theory.”

The Courts have drawn the following difference between the causes of action; (Chidnese v. Chidnese, 708 S.E.2d 725 (N.C. App., 2011));

“the distinction between an action for malicious prosecution and one for abuse of process is that malicious prosecution is based upon malice in causing the process to issue, while abuse of process lies for its improper use after it has been issued.”

An action in tort for malicious prosecution is based upon a defendant’s malice in causing process to issue. To prove a claim for malicious prosecution, a plaintiff must establish four elements: (1) the defendant instituted, procured, or participated in a criminal proceeding against the plaintiff; (2) without probable cause; (3) with malice; and (4) the criminal proceeding terminated in favor of the plaintiff.

There are cases where the other attorney may be held responsible when that attorney support this malicious prosecution.

Our firm is here to protect our clients when they have been unjustly attacked through the court process. We look forward to clearing your name.