Yes, it is possible to hire an attorney for the limited purpose of drafting an initial legal answer to a lawsuit, especially if you cannot afford full representation. This is a common practice for individuals facing the threat of a default judgment who need time to secure full counsel or funding.
The Threat of a Default Judgment
When a person is sued, they must file a written Answer with the court by a specific deadline. If the defendant fails to file an answer on time, the plaintiff can ask the court to enter a default judgment against the defendant. This results in the defendant automatically losing the case and being liable for the damages claimed by the plaintiff, often without any further hearing or trial.
To prevent this immediate loss, the first and most critical document to file in Texas is an Answer. For defendants with limited funds, an attorney may agree to draft a basic, limited-scope pleading to "stop the clock" for a modest fee.
The Pro Se Answer and Attorney's Role
The practice involves the attorney drafting a legal document that the client files pro se (meaning "for oneself," or without an attorney officially representing them).
- General Denial: The most common form of a basic answer in Texas is the General Denial, which, under Texas Rule of Civil Procedure 92, broadly disputes all of the plaintiff's allegations. Filing this is usually sufficient to prevent a default judgment. Even a handwritten note filed with the clerk can sometimes be construed as a general denial.
- Verified Denial: In some cases, a verified denial is required. This is a specific denial that must be sworn to (signed under oath) by the defendant and is required when contesting certain fundamental issues, such as the capacity of a party to sue, the execution of a written instrument, or a sworn account.
- The Filing Method: Since the attorney is not officially representing the client, the attorney prepares the document and gives it to the client to sign and file. Attorneys typically advise the client to physically take the Answer to the clerk's office, rather than electronically filing it, because an attorney's electronic filing suggests they have entered an appearance on behalf of the client.
Risks of Limited Scope Representation
While securing a pro se answer for a low fee can save a defendant from a default judgment, it is not a substitute for full representation. The main risks are:
- Limited Scope: The attorney's duty ends once the document is drafted. The client is then left to handle all subsequent litigation steps, such as discovery, motions, and trial, on their own.
- Unforeseen Costs: The defendant may continue to contact the drafting attorney for more help, pressuring them to provide continued service beyond the agreed-upon scope without proper compensation.
- Waiver of Defenses: A basic answer may not include important affirmative defenses or counterclaims, which could be waived if not filed properly early in the case.
- Non attorney owners of Texas entities are not permitted to represent entities in District or County Court. Filing an Answer on behalf of an entity such as an LLC without an attorney may result in the Answer being struck and a default judgment being entered.
All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues.