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At what point can attorneys be sanctioned for filing frivolous lawsuits? (Original Post) PSPS Nov 2020 OP
Have been wondering that since I discovered lawyers were a thing? Brainfodder Nov 2020 #1
When a judge or judges decide that enough is enough. L.Pharmstrong Nov 2020 #2
I think Barr should be disbarred for using the DOJ to make baseless charges still_one Nov 2020 #3
As part of each such lawsuit. Ms. Toad Nov 2020 #4
The standard is clear enough under Rule 11, FRCP TomSlick Nov 2020 #5
Don't know about sanctioning lawyers, but the losing party usually pays the legal fees etc. LeftInTX Nov 2020 #6
 

L.Pharmstrong

(152 posts)
2. When a judge or judges decide that enough is enough.
Tue Nov 10, 2020, 02:53 PM
Nov 2020

It doesn’t happen as much as it should, and judges are typically uninclined unfortunately.

Ms. Toad

(33,992 posts)
4. As part of each such lawsuit.
Tue Nov 10, 2020, 02:57 PM
Nov 2020

The other side would move for Rule 11 sanctions.

https://www.law.cornell.edu/rules/frcp/rule_11

But - remember - losing case does not necessarily mean frivolous. The informal definition of frivolous is that it doesn't pass the laugh test. If you can't make your argument to a judge with a straight face, it's frivolous.

So far, most of the litigation has been losing - but not frivolous.

TomSlick

(11,088 posts)
5. The standard is clear enough under Rule 11, FRCP
Tue Nov 10, 2020, 03:04 PM
Nov 2020

A lawyer signing a pleading attests the pleading:


(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (and)

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery....


A violation of the Rule can result in sanctions against the lawyer and client. The problem is that judges are usually hesitant to enforce the Rule.

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