Civil lawsuits are a way for people to remedy the harm done to them. But not all civil lawsuits are legit, and unfortunately, many people file what lawyers refer to as frivolous lawsuits in order to inconvenience, harass, or threaten another person. Even if we give people the benefit of the doubt and say that some people may not know that the complaint of their lawsuit is not grounded in law, there are also people who just want to file a frivolous lawsuit in order to damage the defendant’s reputation or hurt their wallet in the form of legal fees.
What Is a Frivolous Lawsuit?
A frivolous lawsuit is a pointless lawsuit. The claim of the lawsuit is not based upon a law, and therefore, there is nothing for the law to remedy. It is impossible for the plaintiff to win a frivolous lawsuit, and often if the defendant and their legal team act proactively, the lawsuit will be dismissed before trial.
In fact, many lawyers will not take on a frivolous lawsuit. Doing so risks their reputation and standing in the legal community. It can look like the lawyer:
- Didn’t spend enough time researching the case and gathering evidence
- Isn’t aware of the law
- Was desperate for a client
Judges dislike lawyers who bring frivolous lawsuits to trial, and one judge even ordered an offending attorney to take law school courses.
Why Would Someone File a Frivolous Lawsuit?
If you think a frivolous lawsuit sounds like a pointless exercise, you would be correct. Filing a frivolous lawsuit is as pointless as it is expensive. Generally, the intention behind a frivolous lawsuit is to seek a quick payday through settlements or to harass or damage the reputation of the defendant.
Some plaintiffs will file lawsuits in order to bring the media’s attention to something. Advocacy groups often do this, and even people seeking their fifteen minutes of fame.
How to Prove the Lawsuit Is Frivolous
The best way to show the court that you are facing a frivolous lawsuit is to file an early motion to ask the judge to look at the case before it goes to court. There are two motions that you could file:
Demurrer
A demurrer is a motion that the defendant files at the beginning of the lawsuit to attack the lawsuit in general. It can be used to show there is no legal basis for the lawsuit and ask the judge to dismiss the case. This is one of the best ways to stop a frivolous lawsuit at the very start and prevent it from costing too much time or money.
Motion For Summary Judgement
A motion for summary judgement happens later but still before trial. It will usually happen after discovery when both sides have collected evidence. A motion for summary judgement asks the judge to look at parts or all of the case and the evidence so far and make a decision. It can result in parts of the case being resolved or dismissed or the entire case if requested. While the frivolous lawsuit will still run up a lot of time and potentially lawyer’s bills, it can be stopped before too much damage has been done. This is a good tactic if the frivolous lawsuit is based on law, but the plaintiff is completely lying about or misrepresenting the situation. The evidence gathered will prove that the plaintiff is lying and they have filed a frivolous lawsuit.
What Will the Judge Do About a Frivolous Lawsuit?
When plaintiffs or defendants act in bad faith, the judge can order sanctions. So, if a plaintiff files a frivolous lawsuit, the judge can order a sanction to make the plaintiff pay the defendant’s legal fees. The court does not take kindly to its time and resources being wasted, so it can be very harsh on frivolous lawsuits and unnecessary delays.
As we discussed a little earlier in this article, the lawyer who assisted the plaintiff in filing a frivolous lawsuit may also face ramifications. Their reputation in the legal community may be tarnished, the judge is very likely to have words with the lawyer, and if they are a repeat offender, they may face real consequences. Lawyers are held to high ethical standards because their role is to uphold the law and ensure everyone receives a fair trial. This is why any improper conduct can have serious ramifications for them when they use their legal knowledge to harass other parties, or unnecessarily delay proceedings or increase the cost of legal proceedings. In fact, this is dealt with in The Federal Rules of Civil Procedure: Rule 11.
Under Rule 11, an attorney may face sanctions if they engage in any of the following conduct:
- File a frivolous lawsuit
- File a lawsuit or document for improper reasons
- Increase the duration or cost of litigation proceedings for no reason
- Harass other parties through filing frivolous lawsuits or legal documents
For example, a lawyer who files documents asking for documents or deposition that is not relevant to the lawsuit may face sanctions. This is because there is no legal reason to request those documents, and the behavior could be seen as harassment or as trying to increase the cost of legal proceedings.
The court also presumes when a lawyer signs a legal document that their signature certifies that the lawyer has read the document in full and has conducted a reasonable inquiry into the matter. It also certifies that the document is grounded in both fact and law to the best of the lawyer’s knowledge. Therefore, a frivolous lawsuit would reflect poorly on an attorney because it would suggest that the lawyer did not conduct a reasonable inquiry or examine the evidence or that the lawyer was not familiar with the law. Perhaps even worse, it could suggest that the attorney knew it was a frivolous lawsuit and proceeded anyway, disregarding their moral and ethical duties.
If the judge finds that the lawsuit is, in fact, a frivolous lawsuit, then they might sanction the plaintiff, lawyer, and even the law firm.