I was advised by an attorney one time when I filed a suit against a former employer that if I didn't have enough substantive evidence to justify filing it, he could be charged with a "frivolous suit" and be fined/censored. Upon examination of my evidence he felt there was indeed more than enough to justify a claim and we proceeded.
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Spring is in the air. Or something...
Jumper you do realize in so doing you just agreed with someone who is insane?
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Spring is in the air. Or something...
Besides, my thread title was a real grabber!!
So There!!
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They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
GL-
Let me get this straight- you're telling me that a lawyer can be punished for bringing a "frivilous" lawsuit? Where- England? Remiel, is that true?
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The two legacies of my good Jesuit education:
1) A Jesuit priest is a very intelligent man.
2) A Jesuit priest would be the first person to tell you he's a very intelligent man.
I've known a few crazies in my day.
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Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
-Albert Einstein
<BLOCKQUOTE><font size="1" face="Verdana, Arial #3CB371">quote:</font><HR>Originally posted by Lew:
GL-
Let me get this straight- you're telling me that a lawyer can be punished for bringing a "frivilous" lawsuit? Where- England? Remiel, is that true?
<HR></BLOCKQUOTE>
Have you been having fun at my expense over a misspelling Lew? Just sharing what my father's attorney told me when he handled the case for me. In fact another attorney told me that too when I had a personal injury case before that one...
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Spring is in the air. Or something...
I'm with GL too.
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Sluggo
I inherited my insanity from my kids.
GL-
Nah, I’m not knocking your spelling (if I did, that would be the pot calling the kettle black!) I was just confused over this whole “frivolous” issue. I believe your attorney was making reference to the mythical Rule 11. Well, I don’t know what “frivolous” is.
But I can tell you what it is not-
Several years ago, I was trying to settle a personal injury case in another state. The plaintiff attorney had been saying the case was worth a gold mine, they were going to clean our clocks, blah blah. We only offered a nominal settlement, he didn’t want any part of it. Then one day out of the blue, he calls us and says they’d accept our offer if we could issue the check immediately.
We got suspicious. I mean, all along your case is worth the moon, then one day you just accept our offer? Didn’t sound right. So, we told him we’d see if we could get a check, but it could take a few days. That bought us some time to do some research, and damned if we didn’t come to find out that the plaintiff had died (from causes not related to our case). We continued playing with the attorney for awhile, just to see if he was going to come clean with us. He never did (kept pushing for us to settle, actually) and finally, a few weeks later, we spilled the beans about his client. His response? “What? I didn’t know that.”
I was licking at the chops. I remember thinking “boy, we’re gonna have this guy disbarred for life.” We filed our complaint with the state bar association, and-
Nothing. No problemo. Complaint dismissed. Innocent mistake.
I was never so disgusted in my life. Fortunately, in time, I got used to this kind of thing, and now they no longer bother me. If it happened now, I probably wouldn’t even bother the bar association or the judge.
But every time I hear someone mention Rule 11 (the “frivolous” rule) I have to laugh.
Moral to the story- I see absolutely nothing frivolous with Nate’s lawsuit. And if they were to dismiss it for being frivolous, it won’t be because of that, it will be because it’s Nate and they’re tired of his crap. John Doe could bring a suit like this no problem.
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The two legacies of my good Jesuit education:
1) A Jesuit priest is a very intelligent man.
2) A Jesuit priest would be the first person to tell you he's a very intelligent man.
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