That having been said, I would commend to you for reading 86 C.J.S. Torts §§ 86, 87 [pp. 748-752], as well as 72 C.J.S. Process §§ 106-114 [pp. 694-705].
If you are unfamiliar with legal citation, C.J.S. stands for Corpus Juris Secundum. It is a very large legal encyclopedia. The first number ("86" or "72") is generally a volume number, but this is sometimes misleading. "86" actually is found in Volume 30A a later supplemental volume inserted into the sequence. "Torts" or "Process" refers to the general topic.
Since this is copyrighted material, I am only going to give you the topic TITLES and a couple of brief excerts. I believe that you will find this instructive as to the value and topicality to your inquiry.
86 C.J.S. Torts § 86. Resort to, or Conduct of, Legal Remedies
86 C.J.S. Torts § 87. -- Unauthorized Suit in Another's Name
[X. ABUSE, OR MALICIOUS USE, OF PROCESS]
72 C.J.S. Process § 106. Definitions, Distinctions and General Considerations
72 C.J.S. Process § 107. Elements of Abuse of Process
72 C.J.S. Process § 108. -- Use of Process
72 C.J.S. Process § 109. -- Intent
72 C.J.S. Process § 110. Elements of Malicious Use of Process
72 C.J.S. Process § 111. Particular Forms of Abuse of Process Subject to Abuse
72 C.J.S. Process § 112. Persons Liable
72 C.J.S. Process § 113. Defenses
72 C.J.S. Process § 114. Actions
86 C.J.S. Torts § 87.
"A tort may arise from the unauthorized prosecution of a suit in the name of another, irrespective of the merits of the suit if it had been properly brought; the gist of the tort is the improper liberty in using the name of another person in conducting a suit by which a defendant is injured. Malice or want of probable cause is not an essential element of the cause of action. ..."
72 C.J.S. Process § 106
"... Malicious use of process is the employment of process for its legitimate purpose, but maliciously and without probably cause. The gravamen of the wrong is malice and want of probable cause. ...".
In studying this reference, it is IMPERATIVE to note that the principles enunciated are broad principles of American law. The FOOTNOTES within C.J.S. show various cases supporting these principles. Whether the principles have been embraced by the Courts in YOUR STATE is a subject for YOUR further legal research. The FOOTNOTES give you some starting points as to cases to investigate. But the real value of these Sections of C.J.S. is helping you to get the vocabulary right for a thorough KEYWORD SEARCH of Lexis-Nexis and/or WestLaw as to cases on point in your state.
So my suggestion would be for you to READ these sections or similar sections within American Jurisprudence, 2nd. [I do NOT have references for you in Amer. Jur. 2nd, but the topics are very likely to be the SAME.] Then look up the cases shown in the footnotes which relate to YOUR jurisdiction. Next use the key terms or words from the most applicable sections to try to find cases which embrace the concepts discussed.
There are a number of online legal research guides. The reference librarian at a good law library can also probably help guide you in your research.
Perhaps we should open a new discussion thread on this topic and maybe folks can POST some topical case law that they find. The nice thing about case law is that it will NOT be copyrighted and we can post it here at the MS Fraud Forum.
Also, bear in mind that Bishops guidance is excellence. There MAY also be other statutes or rules which have been violated and which form a basis for recovery. Read your state's Rules of CIvil Procedure carefully. There may be a nugget there for you!
Bear in mind that in order to recover your damages, you also need to be prepared to prove your damages. This means that you are going to need to bring your attorney's legal invoices to court with you. And you may also need to PROVE that the attorney's fees were reasonable and necessary. You MIGHT need to do this by expert witness. The Judge MIGHT allow an affidavit from another respected and experienced attorney as to the reasonableness and necessity of the legal expenses. But you need to be cognizant of the proof that may be required prior to asking the judge to rule.
If you make your request by well-pleaded written counterclaim and/or motion for sanctions, as well as furnishing a well written legal brief in support of either or both, I think that your chance of prevailing is more than remote. If you simply make an oral request without written pleadings or motion and without a supporting brief, I think that the judge is going to shoot you down 98% of the time UNLESS the judge is REALLY angry with the opposing counsel.
Judges are supposed to be impartial. There are some things that a judge will do sua sponte from the bench. Awarding costs or attorneys' fees which have NOT been requestedewither in a counterclaim or by motion for sanctions is NOT usuallly amongst these.
The usual disclaimers apply. This is NOT LEGAL ADVICE, but rather a discussion of some interesting aspects of the law. To quote our brilliant and articulate friend "Moose", "your mileage may vary"!