The Perils of Legal Frivolity – Professional Discipline and Court Sanctions in Alabama, Tennessee, and Federal Courts
The Perils of Legal Frivolity – Professional Discipline and Court Sanctions in Alabama, Tennessee, and Federal Courts
Much attention recently has been given to the rules prohibiting lawyers from pursuing claims or defenses that lack any evidentiary support or any legal basis. In particular, the critical scrutiny of hastily-filed lawsuits challenging the legitimacy of the 2020 presidential election has led to a significant increase in judicial and regulatory attention to the need to protect the courts and the public from frivolous litigation. For this reason, it is even more important that lawyers should use reasonable diligence before filing pleadings or motions to make certain that the client’s position is legally sound and has concrete factual support.
During this Attorneys Insurance Mutual of the South (AIM) webinar, Craig discussed:
- The rules of professional conduct that apply when attorneys assert positions in lawsuits that are deemed as frivolous.
- The rules of procedure, the statutory law, and the judicial doctrines that authorize courts to sanction attorneys for asserting claims and defenses that lack merit and are pursued in bad faith.
- Recent examples of professional discipline or court sanctions directed at attorneys who knowingly or recklessly pursued frivolous claims.