If someone has to defend themselves against a lawyer working pro bono for a questionably frivolous suit and they successfully defend themselves showing the suit is without merit and the work was done pro bono for someone without much assets can the lawyer doing the pro bono work be made to pay the legal fees of the side who had to defend itself.
In one case I'm thinking of a student has had multiple lawsuits brought by his mother against schools from early grammar school through high school and is having one now where I for the life of me do not see any merit in. Can a lawyer filing the suit be made to pay the legal fees of the people defending.
2007-09-23 14:26:12 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It would be extremely unusual, and whether or not it would be technically possible would depend on the law of your state.
That you say the action is "questionably frivolous" makes it seem less likely that such sanctions would be granted. If the action has an arguable basis in law, it's not likely that the attorney would be sanctioned.
2007-09-23 17:25:34 · answer #1 · answered by Anonymous · 0⤊ 2⤋
The plaintiff bringing the lawsuit usually has to pay the legal costs and attorneys fees of the other side -- the lawyer bring the lawsuit is usually forced to pay the court (sanctions) for participating.
If the plaintiff cannot pay the costs, and the court determines the lawsuit is actually frivolous (as opposed to the defense just winning on the merits) the attorney may be made to pay the costs as part of the penalty.
2007-09-23 14:58:25 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
I really hope so. Someone's got to shake up the dork lawyers.
2007-09-23 14:32:30 · answer #3 · answered by Flatpaw 7 · 0⤊ 0⤋