How Should A Non-Lawyer Go About Bringing Malicious Prosecution Charges Against A Former District Attorney In Texas?
The former defendant who prevailed in an unjustified lawsuit is now plaintiff in a malicious prosecution lawsuit, and the target is the former plaintiff’s attorney. This article discusses techniques and strategies which may be useful in the actual trial of the case. The elements of a malicious prosecution case are (1) that the defendant filed and/or prosecuted the underlying civil action; (2) a favorable termination of the prior case, in which the innocence of the former defendant was established; (3) the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable; (4) malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause, and from inadequate investigation and research, and (5) damages. Regardless of the subject matter of the underlying lawsuit, the theme will generally be that the lawyer-defendant has violated a sacred public trust which bestows the power to file and prosecute legal actions
