what penalties does an attorney face when making false charges in a civl lawsuit?

Question

When he knows they are false charges!

Answer 1

Alleging that the charges are "false" and proving it are two different things. As the first person who answer this question correctly observed, monetary sanctions are available in federal court under Rule 11 of the Federal Rules of Civil Procedure. Many states have adopted similar rules.

You can also file a lawsuit against the attorney and/or the opposing party for malicious prosecution and abuse of process. You can claim the actual damages suffered of the allegedly frivolous lawsuit.

You should be aware that it is very difficult to prevail on a Rule 11 motion or an abuse of process/malicious prosecution lawsuit. Just because a lawsuit doesn't have merit doesn't mean that it is frivolous and courts are these types of motions and lawsuits are are frowned upon.

Answer 2

He could face sanctions under the court if the under Federal Rule of Civil Procedure 11 or a similar state rule. The attorney could face fines or suspension of his license, depending on the severity of the matter.

Generally, there is a motion made for sanctions and the judge rules on the motion whether to grant them or not.