Attorney Dos and Don'ts

This website is to help others gain information that can help them learn about Anti-SLAPP. Although this page is for Attorneys it will greatly help anyone looking for an attorney for Anti-SLAPP.

The frivolous TRO with no evidence falsely accusing me of things I never did and things I never said was dismissed. This page mostly focuses on what both attorneys should pay attention to especially for Anti-SLAPP. Client should also go through this page and ensure their attorney they hire will do their very best from start to finish. I had paid top dollars and I could have hired almost any attorney. When you pay a large amount you expect your attorney to do his best.

I also make a point to mention this on every page as a note to business owners, because people who bring on frivolous TROs and other lawsuits should know not only it will not go anywhere, you'll be responsible to pay attorney fees of the other party and you're also highly risking your reputation. They can also file perjury charges with District Attorney noting every single fabricated statement and accusation.

The person you falsely fabricated accusations against has every right to mention who brought on a false lawsuit against them in order to silence them. Especially as a business owner, always remember to only say and do what you want public to find out. If you don't want the public to find out - simply don't say it and don't do it. If you choose to say or do something to a customer or client that is wrong - know that they have absolutely no obligation to keep it private. In fact, they have a responsibility to share their experiences in order for others to not experience the same.

I have a good professional relationship with my attorney who worked on my Anti-SLAPP case. I'm thankful for the following.

Attorney To Do

- He remained polite and calm during the entire process.

- He has a sense of humor and made me laugh a lot which I needed given the circumstances.

- He did a good job with response to TRO.

- He made sure I'm not silenced and get to talk about everything I choose to talk about. I understand some might say this is the bare minimum as Freedom of Speech is our First Amendment Right and that's true. However, I'm making the point that this was one of the to dos.

He also kept referring to me as "my favorite client" which was kind. I wasn't sure when I was going to fall off that pedestal.

I also have experience working with trial attorneys. I'm well aware of what what a trial attorney's job is, what a normal process of filing court documents looks like, what the responsibility of a client is, what responsibilities an attorney has to their client, what a well--researched and well-prepared filing looks like, what well-prepared court presentation sounds like and etc.

I'm sharing this information as attorneys do have specific responsibilities and unless you've done the very best for your client - you've done them a disservice. I initially wanted to hire another attorney who is well known for winning Anti-SLAPP cases and he does appeals as well. However, his schedule was full when I contacted him. I later contacted him to ask him some questions and he was available in case I needed to file an appeal, however there was no need.

What I don't believe attorneys should do is doing things for their convenience and comfort that goes against agreement and discussions and adds to the mental load of the client. That's anything from from preparing documents last minute to filing documents last minute to not spending nearly enough time on researching Anti-SLAPP or Anti-SLAPP filing itself to not bringing an important witness who was more than willing to show up. Don't save the witness for the TRO case. Bring him for Anti-SLAPP especially that Anti-SLAPP has 2 parts. In my case although this was clear from the start that he needed to be there and he had talked to the witness and the witness was more than willing and ready to come to any court date, the first court date was cancelled and when I asked if he had contacted the witness for the new date, he insisted there was no need. Just because your client has a strong case, it doesn't mean you shouldn't do your best.

I understand some of the following are self-explanatory, however just because they are it doesn't mean clients don't go through them. I also paid a large amount upfront, and I'm grateful I'm able to do so in order to protect myself and file the motions I needed to file. This also means those specific hours must be delivered. I paid even more for Response to TRO and although I'm satisfied with how the Response to TRO was finally filed, I don't believe 10 hours, which is what I fully paid for - for Anti-SLAPP alone was spent on the Anti-SLAPP portion and I believe this affected my case greatly especially during trial.

I also say this due to the fact that I spoke with the attorney I initially wanted to hire and he already was talking about things that I found out only in court and they're also available on Google. However when brought to my attorneys attention after court, he didn't know anything about them. I believe this showed lack of research, experience and expertise with Anti-SLAPP.

When I look at the Anti-SLAPP filing itself I can tell if only a few hours were spent or if 10 hours of work was spent. By the time my attorney finally get to it I was just glad he worked on it. Again, the large amount of money I had paid it upfront should have gone a lot more smoothly than it did and a lot more hours on the Anti-SLAPP research and filing should have been spent. I believe it was only a few hours of work and I believe a good portions of it was copy and paste from other Anti-SLAPP cases.

ATTORNEY TO DO

1. Take 15 Minutes to Go Over The Complaint With Your Client. You Can Cause Other Issues by Not Doing So.

In my case I didn't even know what the complaint said in detail for at least a month due to the fact that when I asked my attorney to go over it with me, he said: "it would take 3 hours" for him to go over the complaint. That simply was not true. It would not have taken more than 15 minutes. It was a short complaint.

Your client has paid you to go over the complaint with them. In my case I had paid a large amount - therefore I at least expected my attorney to go over the most important parts. Again, the complaint was very short and it would not have taken more than 15 minutes.

You have full responsibility to go over the complaint with your client. I won't get into what other issues this causes, however every attorney has a liability to review the complaint with their client.

2. Do Not Drag The Case For Your Convenience Against Agreement From Weeks to Months. Honor Your Word With Both Written and Oral Agreements

I was also initially told that we "need to file Anti-SLAPP soon by next week" before I signed the retainer and paid in full. I hurried and sent the evidence, however this was changed after I signed the retainer. In fact, I had 3 filings that I had paid for and we had agreed that everything would be completed in a few weeks.

A. I signed the retainer thinking the Anti-SLAPP would be filed the following week per oral agreement.

B. I was told to send the evidence as my attorney said he "had no time". II sent all evidence.

C. I was told shortly after that he was going on a vacation, which I was not told about before signing the retainer

D. He changed the date of filings to 12/15. He confirmed that he would file it later in December, because he didn't want to give too much time for a response to the opposing party however he confirmed that he will have the filings "ready" by that date.

F. On 12/15 not only the filings were not ready - he told me he had not looked at the evidence because there was a lot.

G. He changed the date of filings to 12/27. They had not been prepared.

H. He changed the date of filings to 12/30. He did not uphold his word to this date either.

Are you getting a picture of how this was even more stressful than the frivilous TRO itself? Do not do this to any client let alone a client with false TRO who needs to file Anti-SLAPP. It's wrong on so many levels.

I. He changed the date to first week of January. That didn't happen either.

J. He changed the date to 1/14. He said this was the deadline for filing Anti-SLAPP and that we "had time".

K. The judge said the filing was "untimely" because the deadline was not 1/14. It was 1/13. Thankfully she allowed the filing to be accepted, however going through all that only to hear from the judge that it was "untimely" is NOT something ANY attorney should do to their client.

There was no excuse for any of this. I believe this was harmful both to me and my case. You don't drag a TRO for 6 months. It's the responsibility of the attorney to keep their word and also consider how difficult it is to wait and wait and wait.

I had 3 filings and I had no control over any of the dates of the filing dates. He would choose them. He would change them. He would choose again. He would change them again without my consent. In fact, I had no say in ANY of the filing dates at all.

3. Do Not Miss Any Filing Dates Let Alone an Anti-SLAPP Filing Date. It's Unacceptable and It's Also Malpractice.

In my case, regardless of how I was starting to get worried since the agreed upon filing dates kept getting pushed back over and over and over again - I was assured that he had never missed any filing dates. Yet, he missed the filing date by 1 day. The judge was incredibly kind about this as she didn't have to accept the filing at all.

Missing the filing date was unacceptable, not to mention how unfair it is to your client. Thankfully the judge was understanding about this and even tried to help by suggesting if there were any holidays. I believe the relationship with the judge started out very well. I believe she was more fair than she needed to be, however she was fed up by the end with continued continuances, late filings and a few things that happened in court that should not have happened.

I believe this was very selfish and even more harmful than the TRO itself. The mental load of having to deal with all that is definitely something an attorney should not do. It's also nothing I had ever experienced with any attorney. The stress alone that an attorney puts a client through, who is already going through being falsely accused and unjustly restrained, is not something that any attorney should do. An attorney is supposed to make the entire process easier - not more difficult and in my case the frivolous TRO against me which was full of false fabrications with no evidence was already extremely stressful. However the process of promised filing dates constantly getting pushed back was even more stressful.

5. If Your Client Has Paid Top Dollars for 3 Filings and For 10 Hours For Anti-SLAPP Motion Alone Then Ensure to Spend Those Hours on Researching, Preparing and Writing the Motion. Do Ample Research and Write a Strong Anti-SLAPP Which Will Also Help During Trial

In my case it got dragged from a week to weeks to 2 months. Although I kept contacting my attorney during this time, and it was extremely stressful to constantly worry since the preparation and filing date kept getting pushed back and although I was finally told he's been working on it diligently, I believe it was finally worked on that same day he messaged me this and by looking at the document I believe the portion that was only for Anti-SLAPP did not take more than 2-3 hours and I'm being generous by this statement. A lot of it seemed like cut and paste from other cases. I had paid separately for the Response to TRO portion and that was actually even more expensive than the Anti-SLAPP itself. But I had paid a large amount for Anti-SLAPP as well and I believe a lot more research and time should have been spent on it. I don't believe the Anti-SLAPP filing was 10 hours of work which I had paid for at all.

The hours of work you spend on research and also preparing the filing will show. It will show with the document itself and it will also show during trial.

After 2 months of chasing I was happy it was getting filed at all. Although with Response to TRO and Anti-SLAPP I had paid a 5 figure number. That's not including the TRO I filed against the other party.

The amount of time you have spent on your client's Anti-SLAPP motion including research, preparing the motion and preparing for court will all show.

8. Prepare Well For Court. Just Because You Have a Strong Case It's Not an Excuse To Be Underprepared. Your Client Has Trusted You to Have Done Your Homework and Be Well Prepared With a Strong Presentation

9. The Judge Will See Your Lack of Preparation as an Insult and Disrespect Especially If There Has been Numerous Continuances, Late Filings and Even a Missed Filing Date

Trial is not the time to be looking for cases especially during presentation. Telling the judge to wait, because you can't find the second case you want to talk about shows lack of preparation. The look on the judge's face as well as her body language made it clear she was frustrated and she was clearly showing her dissatisfaction.

In my case I had waited 5 months at this point for this few minutes of presentation. Once he could not find the second case, it became obvious there had not been a great deal of research and preparation. This was disappointing, especially that every attorney I had talked to had noted I have a very strong Anti-SLAPP case including my own attorney.

10. Do Not Underestimate Anyone Including The Judge

12. Do Not Bring An Inexperienced Attorney That Your Client Does Not Know Anything About to an Anti-SLAPP Trial Without Discussing It With Your Client First

Imagine my surprise when I met my attorney in person for the first time on court day and saw another attorney with him that I knew nothing about. I had no idea who this attorney was including his name, what type of attorney he was and why he was even there. He didn't seem to have any knowledge of Anti-SLAPP, did not contribute or help my case in any shape or form. He said between me and my attorney upfront as if he was one of the attorneys when he wasn't. He also made it difficult for me to communicate with my own attorney during trial. He finally realized this and offered his chair.

I'm confident this attorney that I knew nothing about did not have experience with trial as he did something during trial that he definitely should not have done. He was too obvious with his gestures and body language. The judge looks at everything. Perception is pertinent in any case - including a strong case. I don't believe this attorney should have been there. If he wanted to simply be in court hearing to gain experience, he could have sat in the back where the public sits.

Not only this information should have been communicated to me before court date, I don't believe this helped my case at all. In fact, I believe his certain gesture and body language was harmful to my case.

I also don't understand how my attorney took the time to bring this attorney to court hearing - but did not pick up the phone to bring my witness who was more thank willing to come and when I singed the retainer bringing witnesses was mentioning as part of the work when the large amount of why he's charging that much was mentioned.

If you're going to bring another attorney to court, make sure they sit in the back. There is no reason to bring an inexperienced attorney and have them sit where your client is supposed to sit.

13. Perception Is Incredibly Important. Pay Attention to Details. The Judge Is Listening, Watching and Calculating Everything. If The Opposing Party Is Using Dollars to Silence Your Client and That's One of The Reasons The Anti-SLAPP Is Filed - Don't Carelessly Bring a Random Attorney to Court That Does Not Add Any Value to The Case at All and The Judge Might Get The Impression That Your Client Is Super Rich to Afford 2 Attorneys

This is when an attorney does not pay close attention to details and how every single act and word is being calculated by the judge. The perception you create will have a great impact not he outcome on the case. Every single incident adds up.

14. Do Not Get on The Judge's Wrong Side in Various Ways For Months as Well as During Trial

If you keep filing documents last minute or even late as well as getting one continence after another - don't be surprised when the judge is fed up before you even start to talk on court day and shows it. Thankfully she was nice to me as I believe she know I had nothing to do with any of it, however she had gone from being kind and lenient going as far as allowing an Anti-SLAPP that had been filed a day late to everything from her body language, micro expression to how she talked to my attorney making it clear she was not happy with him.

15. Be Prepared to Provide Names of Other Anti-SLAPP Cases That You Have Confirmed You Have Won

This is only fair to your clients who would not have signed unless you did win Anti-SLAPP cases before. If you tell your client you won Anti-SLAPP cases before they decide to sign a retainer with you then make sure you can provide those cases even if you have to reach out to your previous clients to let them you'd like to share the information with them. In my case I was told my attorney had won 2 Anti-SLAPP cases and this type of experience was a must before I would sign a retainer. However, after court I asked for names of the court cases and my attorney said he could not share due to attorney client confidentiality.

Then how can clients know the attorney has won Anti-SLAPP cases? If a case is not sealed - which Anti-SLAPP cases often are not, then how can clients know if an attorney has had and also won't Anti-SLAPP cases before? Especially that 60 day window of filing Anti-SLAPP was not met. He filed it on the day 61, which means my attorney missed the date. That's in addition to lack of ample research and knowledge of Anti-SLAPP and especially more recent cases.

17. Don't Be Nonchalant and Passive. The Perception You Create Is Even More Important Than Having a Strong Case. Do Not Refuse to Bring an Important Witness When They're More Than Willing To Show Up Simply Because You Have a Strong Case and It's More Convenient For You. Especially If It Was Part of The Agreement Before Your Client Signed The Retainer And Throughout The Litigation Process

Court dates were continued so many times. The witness was more than willing to be available on any day and any time. My attorney said he had called him and he was going to be there for Anti-SLAPP court hearing. Then the date changed. I asked him if he had contacted the witness to ensure he knows when the next Anti-SLAPP court hearing is so he could be there. He confirmed he had. Then a few days before the court hearing I thought to double-check and instead of confirming he had the 1 witness ready for trial - he said he doesn't 't need to be there. I went back and forth on this as it went against our oral agreement and it made no sense. I believe this was a lazy and passive approach and it could have most definitely helped my case.

18. Your Convenience Should Not Take Precedence to Doing The Best For Your Client At All Times

This confirms what I've mentioned before, but I'm mentioning this more clearly again - because it was the single most issue that I believe affected everything from communication, document preparation dates, filing dates, refusal to bring the witness yet bringing an attorney your client knows nothing about and adds no value to the case and etc.

21. Share All The Discussions You Have Had With The Opposing Party and All They Have Told You. What Might Not Seem Important Might in Fact Be Important. It's Only Fair to Your Client That You Communicate Everything. It's Not Your Job to Pick and Choose What You Share.

There was one thing in particular that was important to have been communicated. The opposing party made it clear that they had communicated this. Although it would not have made what unjust actions had been taken against me any better or justified anything, I would have at least liked to know the information. I had no idea this has been communicated.

There were also other things the opposing party mentioned during the conversation after court which made me wonder if more had been communicated that I didn't know about. My attorney had mentioned that he knew what they were going to talk about during mediation and he mentioned a few things. This was not to confirm what they had said. This was to simply let me know what he thought they would say. Yet, the opposing party mentioned at least one of those things and it made me wonder if they had in fact already said it.

Communicate everything with your clients. It's as simple as taking some notes as you're on the phone with the opposing party and sending an email or text.

23. The Only Time You've Done Your Client Service and What They Have Paid You For Is When You've Kept Your Word and Done Your Best

Lack of research and effort with Anti-SLAPP shows. It shows in the response and it shows when you're doing your presentation in court. Your client has trusted you. If you have confirmed 10 hours of research and work on Anti-SLAPP alone and your client has paid you in full - then it's your responsibility to spend those full 10 hours on research and writing Anti-SLAPP. Do your homework and don't take it easy simply because you have a strong case.

Remember to be 10 steps ahead - especially if your client has done their best to do their part. Study other Anti-SLAPP cases well.

Educate yourself so you can educate the judge.

Be well-prepared.

COMING SOON: Work IN PROGRESS AS PART OF SOFT LAUNCH IN APRIL 2025

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