A defendant files a counterclaim against the plaintiff’s counsel, alleging malicious instigation of the suit. Should the plaintiff’s counsel’s motion to dismiss that counterclaim be granted?

• A. Yes, counsel cannot be a party to counterclaims.
• B. No, the counterclaim is compulsory and counsel may be joined if necessary for complete relief.
• C. Yes, because a lawyer cannot be sued in a counterclaim.
• D. No, unless the plaintiff objects to the inclusion of counsel.

Answer: (B)