We've all been told that nonsense lawsuits from pro se litigants and former opponents are just “the cost of doing business.” But the cost of doing business keeps increasing. What do you do when you get sued by someone you've never represented? If you are not in private practice, whether it be real estate or litigation, then quit reading and go read about the Houston Astros, who are more exciting. If you are, however, actively practicing law and you've been sued by someone you never represented, read on.

You can always fight back with hammer and tong. Of course, I'm reminded of an old lawyers' saying, “Son, don't fight crazy—they have no boundaries and will cost you a fortune.” But you are a lawyer and you don't ever want to give in to those people, right?

So first things first. You have malpractice insurance, so you should turn it in, right? Well, yes and no. If you turn it in, you lose full control and will be pressured by the insurance carrier to settle because of the ever-increasing cost of defense. The insurer will find a lawyer to represent you—but not without a major reservation of the insurance company's rights to deny having to pay because you have no “duty” to the plaintiff who was not your client. Wait, what the heck?