For example, if a black student signs an agreement at a Christian school that they will not engage in non Christian behaviour and is kicked out of the school because in part several black students girls claimed he approached them to have sex than the students mother files suit in federal court he is somehow racially discriminated against can the lawyer be punished by the Bar for ethics violation or even dibarred for bringing frivouls and slanderous suit. Or is he exempt somehow.
2007-09-23 07:06:16 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Ultimately, the finding has to be made by a judge in a court of law as to whether or not an attorney has engaged in such abuse. Normally, that would involve examining an historical record showing evidence of such filings. I would prefer to use the term: Vexatious Litigation rather than frivolous lawsuit here. Vexatious litigation includes suits filed for other reasons as well.
Vexatious litigation is a legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.
States have different rules regarding the circumstances under which a litigant or lawyer may be found to be a vexatious litigator. If one is tagged by a court with such a finding, then they can be prevented from bringing any legal action in the future without first obtaining a court's permission.
Lawyers can be disbarred for participating in such abuse and are normally very careful about lending their names to such frivolous actions.
2007-09-23 07:25:43 · answer #1 · answered by Don C 3 · 1⤊ 0⤋
A frivolous lawsuit -- by the legal definition of the term -- is one that has no legal merit, and cannot even be considered a reasonable attempt to apply or extend the law.
From the example and the facts you gave -- it's not clear whether the lawsuit is frivolous or not -- there might be valid grounds to make a racial discrimination claim, especially if several white students had engaged in the same behavior and not been expelled.
But assuming the court does determine the lawsuit to be frivolous -- which is much more severe than just determining the lawsuit is a loser -- disbarment is usually reserved for repeated or particularly egregious violations. The initial penalty for frivolous lawsuits is normally monetary fines -- with suspension happening if repeated frivolous suits are filed. Disbarment would only apply to repeated violations.
2007-09-23 14:20:13 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
Attorneys may be disciplined by their state bar, up to and including disbarment, for misconduct, including filing frivolous suits. However, discipline is rare in these cases. The most common imposed sanction for frivolous suits is attorney's fees awarded by the judge against the person and attorney bringing a frivolous suit.
2007-09-23 14:25:08 · answer #3 · answered by floridaladylaw 3 · 1⤊ 0⤋
It is for the courts to deign if it is frivolous or not...and I have never heard of a lawyer being dis-barred for that. However, the losing side would have to pay all lawyer fees for both sides.
2007-09-23 14:12:26 · answer #4 · answered by Anonymous · 1⤊ 0⤋
christian schools are private institutions,therefore they can set silly rules of any kind such as "males and females are to keep a distance of at least 1ft apart"
a lawyer can't be disbarred for taking the lawsuit,but he's also likely to lose. It'd be kind of a waste of time and money.
2007-09-23 14:14:24 · answer #5 · answered by skitzoette 2 · 2⤊ 1⤋
A Judge is the one who decides whether is frivolous or not. An Attorney's job is to represent his or her client.
2007-09-23 14:14:02 · answer #6 · answered by Anonymous · 1⤊ 1⤋
probally not because if they could we would have a lot of disbarred lawyers.
2007-09-23 14:19:32 · answer #7 · answered by satcomgrunt 7 · 0⤊ 0⤋