Do I need an attorney?

Question

I have a 90 year-old friend of nearly 50 years, who recently took out a large loan to refurbish her house. One of the things that needs replacing/repaired is her heating and cooling system.  Since I had my home remodeled a few years ago, she asked me to recommend someone to perform that service.  I gave her the name of the company who replaced our old heating/cooling unit, who had always given excellent service.  Evidently she hired them, and they did the work she asked them to do which included her request that it be as inexpensively  as possible.  She called yesterday, and screamed that she was going to call her state representative, the Better Business Bureau, and her lawyer to sue the company because they didn't replace her duct work, which would have been an added expense. She is also going to sue me for recommending them.  I told her to read the contract she had signed, and see what it said.  (It said she didn't want her duct work replaced due to added cost).  She said that didn't matter, because they "took advantage of an old woman".  She told me to expect a letter from her attorney telling me she is suing me for recommending "those crooks".  Knowing her past behaviors toward businesses, I'm quite sure she is deadly serious.  My question is, do I need to hire an attorney to defend myself, or will the contract she signed be sufficient evidence of her ineptness? Her attorney is known to be an "ambulance chaser" type who will file frivolous lawsuits to get publicity.

A · Accepted Answer

I’m assuming you live in the US. There is absolutely no legal theory that makes you responsible for someone you recommend to a friend. All you did was provide a name. After that, it was her responsibility to do her research to decide whether to hire him. Whatever contract she signed with him is irrelevant to her case against you. Unless YOU had a contract with her, this doesn’t concern you at all. No lawyer would advise her to sue you. From what you said here, it sounds like she doesn’t have much of a case against him either. She seems like she may be losing her mind a little bit. You have nothing to worry about. If she does sue you, it would be completely frivolous, and you should file a counter claim for legal fees and any other expense you are out of pocket for. Your “friend” needs a lesson on the law, because she clearly has no idea what she’s talking about. I doubt she’ll sue you though, it sounds like she’s just angry.

regerugged · Answer

You don't need an attorney unless and until you get sued.  Then look for an attorney willing to file a malicious prosecution counter claim against the woman and her attorney.  Could be the woman is demented.

Jimmy C · Answer

You do not need an attorney. First of all nothing has happened yet, so you would only possibly need an attorney if she actually sued you, which she has not done. 
Secondly she would have to sue you for doing something, and recommending a company is not it. The only people she could sue would be the company, but only if they did not so the work on the contract, and since the contract does not include ductwork she has no hope. I do not think any attorney would even take her case.

Anonymous · Answer

do I need to hire an attorney to defend myself, ... defend yourself for what? You did nothing wrong and she will not win anything from you if she sues you.

Do I need an attorney?

4 Answers