Q: We were at a restaurant and this guy was acting belligerent and threatening. He was very drunk. We carefully got him outside, at which point he says he fell, and now claims he got hurt. The restaurant, its manager and I are now being sued. When I see this jerk in court, am I supposed to be polite?

C.W., Lake Forest

A: Your question could be asked in a number of settings. In a criminal courtroom when the victim’s loved one sees the convicted defendant, for example; or when a judge makes a ruling in your presence, with which you vehemently disagree; or, in a question-and-answer session (such as at deposition) where the lawyer taunts you, or tries to get under your skin. How do you “maintain your composure?”

Perhaps one response is to ask whether road rage is ever justified. If someone drives recklessly, and cuts you off, do you go after that person? If you are playing basketball and someone fouls you, knocking you to the floor, is it prudent or sensible to strike back?

Bottom line, we are expected to act in a reasonable manner, including as part of the legal system. If you do not, and your behavior is unjustified, you may then make the situation a whole lot worse. Thus, it is critical to have faith in how the facts and law will play out in any given case. And keep in mind there are tools the lawyer has to seek to sanction a frivolous litigant, if not also his or her counsel. In addition, when the case is defeated, it may be possible to file for malicious prosecution (see the next question below).

In sum, count to 10 — or even 20. Maintaining your cool may be challenging; that is understandable. So, let me ask: In the situation you describe, is there any possible cross claim you can bring? Did you get injured, physically or perhaps emotionally, by virtue of the incident? Can your lawyer undertake discovery, which may show that this “jerk” has had prior incidents, or has issues of such nature he will be exposed as a fraud? Are there witnesses or any video? Lastly, is there insurance that might pay for your defense, including through the restaurant?

Q: We won a case, as expected. Over the course of the lawsuit, our lawyer made clear to the other lawyer, in writing: “When this case ends favorably for my client, we will indeed pursue a malicious prosecution action against you and your client.” Is malicious prosecution a legitimate claim?

R.D., San Gabriel

A: Malicious prosecution is well-named. In the civil case arena, it means a lawsuit that was filed or pursued without probable cause, and that no reasonable lawyer acting in good faith would pursue or maintain. As a result of this “malicious” (frivolous, meritless) case, you were harmed. The damages can include attorney fees, costs of the litigation, pain and suffering (emotional distress), and in severe cases, punitive damages.

Note, however, that malicious prosecution actions are often described as “disfavored.” The rationale is that courts do not want to chill the fundamental right to legal redress. As such, it is essential to very carefully evaluate the facts and circumstances before going forward with a malicious prosecution lawsuit. In addition, you must prevail on the merits in the prior action (you have to win the prior case, which typically means not on a technicality).

That said, malicious prosecution is one way of fighting back against abuse of the legal system. If a truly frivolous case is pursued, and you prevail on the merits, a malicious prosecution case could be worth serious consideration.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.