As a plaintiff, it is a good rule of thumb to expect a defendant to file a counter-lawsuit. Strategically, defendants employ counterclaims to put a plaintiff on the defensive and create risk for the plaintiff. Substantively, a counterclaim sometimes must be asserted or else it is lost/waived. Rule 55.32(a) requires a defendant to assert, as…
Legal Articles
Power of Attorney Accounting Claims
A power of attorney is a document which authorizes one person — the agent — to act on behalf of another person — the principal. By statute, the principal may petition a court for an accounting of the agent’s activities under the power of attorney. In certain circumstances, the principal’s family may petition. Section 404.727,…
Power of Attorney Litigation, Attorney Fees
Power of attorney litigation often occurs in conjunction with trust litigation. While there are similarities between the fiduciary duties of a trustee and attorney-in-fact, there are different statutory regimes and differing duties. As a general matter, a trustee’s fiduciary duties are more stringent and comprehensive than the duties of an attorney-in-fact. Significantly, the power of…