I few weeks back I wondered how come the outrageous [to me] lawsuits by the trump campaign supporters didn't seem to call for sanctions for the lawyers involved. Well, in today's WSJ I see:

Courts are weighing whether some of the failed legal challenges to the
2020 presidential election were frivolous or improper and warrant
punishment for the lawyers who filed them.


https://www.wsj.com/articles/trump-2020-election-lawsuits-lead-to-requests-to-discipline-lawyers-11620568801
[but paywalled...sorry]

So I guess the legal world *didn't* just ignore those activities. I don't think anything will come of it, but it is interesting for me to see a tiny
view on how such things work.

/Bernie\
--
Bernie Cosell Fantasy Farm Fibers
bernie@fantasyfarm.com Pearisburg, VA
--> Too many people, too few sheep <--

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"Bernie Cosell" wrote in message
news:9edi9gp0i3070o75u43qlicp47s6luf091@4ax.com...

I few weeks back I wondered how come the outrageous [to me] lawsuits by
the
trump campaign supporters didn't seem to call for sanctions for the
lawyers
involved. Well, in today's WSJ I see:

Courts are weighing whether some of the failed legal challenges to
the
2020 presidential election were frivolous or improper and warrant
punishment for the lawyers who filed them.

https://www.wsj.com/articles/trump-2020-election-lawsuits-lead-to-requests-to-discipline-lawyers-11620568801

[but paywalled...sorry]

So I guess the legal world *didn't* just ignore those activities. I
don't
think anything will come of it, but it is interesting for me to see a
tiny
view on how such things work.

I think opening the article with that "Courts are weighing..." phrase is a
bit misleading and suggests some kind of official or independent review of
the situation. As the rest of the article makes clear, what is actually happening here is nothing more than counter-suits by partisan democratic officials who opposed the original suits which were filed by partisan republicans. There's nothing here to suggest any kind of formal
investigation or review of the situation.

Here is the text of the first part of the article not behind the paywall:

"Courts are weighing whether some of the failed legal challenges to the 2020 presidential election were frivolous or improper and warrant punishment for
the lawyers who filed them.

Supporters of former President Donald Trump, and in some cases the Trump campaign itself, filed—and lost—dozens of lawsuits seeking to block or overturn election results in battleground states won by Democrat Joe Biden.

Some Democratic governors and other state and local officials who were sued have filed motions asking the judges who heard the cases to impose sanctions
on the plaintiffs’ lawyers, and in some instances the plaintiffs themselves. Some also have filed separate grievances with disciplinary bodies that can reprimand, suspend or disbar attorneys who violate their professional obligations.

Judges issue sanctions rarely. They can include a requirement to pay the
other side’s attorneys’ fees, other legal costs, or penalties to the court, as well as nonmonetary actions such as a censure or mandatory ethics
training.

In Michigan, Gov. Gretchen Whitmer, a Democrat, and other officials have
asked U.S. District Judge Linda Parker in Detroit to punish Sidney Powell
and other lawyers who sued the state in late November on behalf of six Republican voters, alleging that systemic fraud denied Mr. Trump a victory there. In December, the Obama-appointed judge ruled the lawyers lacked diligence in bringing claims based on “nothing but speculation and conjecture.”"

Source: https://www.wsj.com/articles/trump-2020-election-lawsuits-lead-to-requests-to-discipline-lawyers-11620568801

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I read the full article. It seems pretty pithy and comprehensive as to the state of these judge's rulings, disciplinary board complaints and lawsuits where the Dems have snarled, "frivolous." For entertainment purposes, the part I liked best follows:

"Lin Wood, who filed several lawsuits challenging the November election results, has sued members of the Georgia State Bar’s disciplinary board in federal court over their request that he undergo a mental-health evaluation. In a court filing Monday,
the state bar cited allegations that the lawyer has engaged in a pattern of erratic behavior and filed legal submissions riddled with errors.

“The actions against me by the State Bar of Georgia are frivolous and are driven by the political agenda of the elite establishment presently controlling the Georgia Bar,” Mr. Wood said. A court hearing is set for May 13."

I think suing the Georgia Bar's disciplinary board takes chutzpah.

A few months ago the Washington Post had several articles on the subject of sanctioning those attorneys who filed these ridiculous suits claiming fraud on the flimsiest of grounds, or often non-grounds. Mostly the WaPo comments sections had cheers for
those Trump-appointed judges who lashed out at these attorneys and told them to stuff it (granted without sanctions). Otherwise, WaPo folks were resigned that sanctions were unlikely.

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Elle N <honda.lioness@gmail.com> wrote:

I think suing the Georgia Bar's disciplinary board takes chutzpah.

I once knew a lawyer (well, supposedly a lawyer) who failed the bar
exam in every state he took it. He heard the Guam bar was easy, so he
went there. And he failed it there, to. And he sued the Guam Supreme
Court over it.

He didn't win of course. So then he took the bar in the Trust
Territory of the Pacific Islands, which he passed. It used to be a US possession, but no longer was. Still he used that bar admission (by
lying to two courts) to try to practice law in the US. That didn't
last very long. Here's the whole story:

https://scholar.google.com/scholar_case?case=1200081259761964302&q=% 22in+re+rothstein%22&hl=en&as_sdt=2006

--
Stu
http://DownToEarthLawyer.com

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What is the standard, and punishment, for filing frivolous lawsuits. I'd
meant to ask this in the wake of the 2020 mess: lawyers for Trump were
filing lawsuit after lawsuit that were just thrown out entirely. I
remember one that amused me: Rudy Guiliani had filed one in Pennsylvania
and the judge asked him "Is this a lawsuit alleging fraud?" and his
response "no, your honor", which left me wondering just what it *was*.

Could/should some [many?] of the lawyers that had filed what seemed to me
to be frivolous lawsuits have incurred some punishment/penalty?

/Bernie\
--
Bernie Cosell Fantasy Farm Fibers
bernie@fantasyfarm.com Pearisburg, VA
--> Too many people, too few sheep <--

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On 11/2/2022 12:44 PM, Bernie Cosell wrote:

What is the standard, and punishment, for filing frivolous lawsuits. I'd meant to ask this in the wake of the 2020 mess: lawyers for Trump were
filing lawsuit after lawsuit that were just thrown out entirely. I
remember one that amused me: Rudy Guiliani had filed one in Pennsylvania
and the judge asked him "Is this a lawsuit alleging fraud?" and his
response "no, your honor", which left me wondering just what it*was*.

Could/should some [many?] of the lawyers that had filed what seemed to me
to be frivolous lawsuits have incurred some punishment/penalty?

The Federal Rules of Civil Procedure, rule 11, provides for sanctions
against anyone who files any frivolous argument or fails to do "due
diligence" with respect to the "facts" that they allege in their papers.

Sanctions can include fines, dismissal of some of the claims, or
dismissal of the entire case. Sometimes "costs" (the amount the defendant/respondent had to spend to refute the frivolous claims) can be assessed.
https://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure

And rule 3.1 of the Model Rules of Professional Conduct (aka lawyer's
ethics) says:
A lawyer shall not bring or defend a proceeding, or assert or controvert
an issue therein, unless there is a basis in law and fact for doing so
that is not frivolous, which includes a good faith argument for an
extension, modification or reversal of existing law.

Presumably the lawyers could be subject to discipline: public or private reprimands, fines, suspension of their license to practice law, even
complete disbarment.


--
I do so have a memory. It's backed up on DVD... somewhere...

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On 11/2/2022 2:59 PM, Barry Gold wrote:

On 11/2/2022 12:44 PM, Bernie Cosell wrote:

What is the standard, and punishment, for filing frivolous lawsuits.  I'd >> meant to ask this in the wake of the 2020 mess: lawyers for Trump were
filing lawsuit after lawsuit that were just thrown out entirely.   I
remember one that amused me: Rudy Guiliani had filed one in Pennsylvania
and the judge asked him "Is this a lawsuit alleging fraud?" and his
response "no, your honor", which left me wondering just what it*was*.

Could/should some [many?] of the lawyers that had filed what seemed to me
to be frivolous lawsuits have incurred some punishment/penalty?

The Federal Rules of Civil Procedure, rule 11, provides for sanctions
against anyone who files any frivolous argument or fails to do "due diligence" with respect to the "facts" that they allege in their papers.

Sanctions can include fines, dismissal of some of the claims, or
dismissal of the entire case. Sometimes "costs" (the amount the defendant/respondent had to spend to refute the frivolous claims) can be assessed.
https://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure

And rule 3.1 of the Model Rules of Professional Conduct (aka lawyer's
ethics) says:
A lawyer shall not bring or defend a proceeding, or assert or controvert
an issue therein, unless there is a basis in law and fact for doing so
that is not frivolous, which includes a good faith argument for an
extension, modification or reversal of existing law.

Presumably the lawyers could be subject to discipline: public or private reprimands, fines, suspension of their license to practice law, even
complete disbarment.

Here is the Supreme Court's version.

https://supreme.justia.com/cases/federal/us/506/1/

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"Bernie Cosell" wrote in message news:a9r4mhd8ol1cc018p8csregjmu4hllhrsk@4ax.com...

What is the standard, and punishment, for filing frivolous lawsuits. I'd >meant to ask this in the wake of the 2020 mess: lawyers for Trump were
filing lawsuit after lawsuit that were just thrown out entirely. I
remember one that amused me: Rudy Guiliani had filed one in Pennsylvania
and the judge asked him "Is this a lawsuit alleging fraud?" and his
response "no, your honor", which left me wondering just what it *was*.

Well if not fraud, then I suppose they could be alleging incompetence or failing to follow procedures or something similar
--

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Bernie Cosell <bernie@fantasyfarm.com> wrote:

What is the standard, and punishment, for filing frivolous
lawsuits. I'd meant to ask this in the wake of the 2020 mess:
lawyers for Trump were filing lawsuit after lawsuit that were just
thrown out entirely. I remember one that amused me: Rudy
Guiliani had filed one in Pennsylvania and the judge asked him "Is
this a lawsuit alleging fraud?" and his response "no, your honor",
which left me wondering just what it *was*.

Could/should some [many?] of the lawyers that had filed what
seemed to me to be frivolous lawsuits have incurred some
punishment/penalty?

In my experience there is generally little or no punishment for
frivolous lawsuits. In extreme cases the plaintiff might be required
to pay the defendant's attorney's fees and court costs. But in general
that's pretty much the extent of it.

--
Stu
http://DownToEarthLawyer.com

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On Fri, 04 Nov 2022 15:10:19 -0700, Stuart O. Bronstein wrote:

Bernie Cosell <bernie@fantasyfarm.com> wrote:

What is the standard, and punishment, for filing frivolous lawsuits.
I'd meant to ask this in the wake of the 2020 mess: lawyers for Trump
were filing lawsuit after lawsuit that were just thrown out entirely.
I remember one that amused me: Rudy Guiliani had filed one in
Pennsylvania and the judge asked him "Is this a lawsuit alleging
fraud?" and his response "no, your honor",
which left me wondering just what it *was*.

Could/should some [many?] of the lawyers that had filed what seemed to
me to be frivolous lawsuits have incurred some punishment/penalty?

In my experience there is generally little or no punishment for
frivolous lawsuits. In extreme cases the plaintiff might be required to
pay the defendant's attorney's fees and court costs. But in general
that's pretty much the extent of it.

Occasionally in the UK there will be a story where (usually neighbours) escalate a dispute to the courts and the judge will make each side pay
their own costs to make a point. Hedges, fences and trees are the main
cause ...

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Jethro_uk <jethro_uk@hotmailbin.com> wrote in news:tk59ma$2c0gt$2@dont-email.me:

On Fri, 04 Nov 2022 15:10:19 -0700, Stuart O. Bronstein wrote:

Bernie Cosell <bernie@fantasyfarm.com> wrote:

What is the standard, and punishment, for filing frivolous
lawsuits. I'd meant to ask this in the wake of the 2020 mess:
lawyers for Trump were filing lawsuit after lawsuit that were
just thrown out entirely. I remember one that amused me: Rudy
Guiliani had filed one in Pennsylvania and the judge asked him
"Is this a lawsuit alleging fraud?" and his response "no, your
honor", which left me wondering just what it *was*.

Could/should some [many?] of the lawyers that had filed what
seemed to me to be frivolous lawsuits have incurred some
punishment/penalty?

In my experience there is generally little or no punishment for
frivolous lawsuits. In extreme cases the plaintiff might be
required to pay the defendant's attorney's fees and court costs.
But in general that's pretty much the extent of it.

Occasionally in the UK there will be a story where (usually
neighbours) escalate a dispute to the courts and the judge will
make each side pay their own costs to make a point. Hedges, fences
and trees are the main cause ...

Each side paying their own costs is the rule in the US, so that
wouldn't be punishment here.

--
Stu
http://DownToEarthLawyer.com

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Barry Gold <bgold@labcats.org> wrote:

} On 11/2/2022 12:44 PM, Bernie Cosell wrote:
} > What is the standard, and punishment, for filing frivolous lawsuits. I'd
} > meant to ask this in the wake of the 2020 mess: lawyers for Trump were
} > filing lawsuit after lawsuit that were just thrown out entirely. I
} > remember one that amused me: Rudy Guiliani had filed one in Pennsylvania
} > and the judge asked him "Is this a lawsuit alleging fraud?" and his
} > response "no, your honor", which left me wondering just what it*was*.
} >
} > Could/should some [many?] of the lawyers that had filed what seemed to me
} > to be frivolous lawsuits have incurred some punishment/penalty?
}
} The Federal Rules of Civil Procedure, rule 11, provides for sanctions
} against anyone who files any frivolous argument or fails to do "due
} diligence" with respect to the "facts" that they allege in their papers.

Is what you're telling me that *not*one* of the scores of ridiculous, untethered from reality, lawsuits that were filed in the wake of the 2020 elections rose to the level of incurring sanctions? If so, there's not
much in the way of teeth of those rules.

/Bernie\
--
Bernie Cosell Fantasy Farm Fibers
bernie@fantasyfarm.com Pearisburg, VA
--> Too many people, too few sheep <--

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Bernie Cosell <bernie@fantasyfarm.com> wrote:

Barry Gold <bgold@labcats.org> wrote:
Bernie Cosell wrote:

} > What is the standard, and punishment, for filing frivolous
lawsuits. I'd } > meant to ask this in the wake of the 2020 mess:
lawyers for Trump were } > filing lawsuit after lawsuit that were
just thrown out entirely. I } > remember one that amused me:
Rudy Guiliani had filed one in Pennsylvania } > and the judge
asked him "Is this a lawsuit alleging fraud?" and his } > response
"no, your honor", which left me wondering just what it*was*. } >
} > Could/should some [many?] of the lawyers that had filed what
seemed to me } > to be frivolous lawsuits have incurred some punishment/penalty? }
} The Federal Rules of Civil Procedure, rule 11, provides for
sanctions } against anyone who files any frivolous argument or
fails to do "due } diligence" with respect to the "facts" that
they allege in their papers.

Is what you're telling me that *not*one* of the scores of
ridiculous, untethered from reality, lawsuits that were filed in
the wake of the 2020 elections rose to the level of incurring
sanctions? If so, there's not much in the way of teeth of those
rules.

It's not that no lawsuits rise to the level of sanctions. But for
some reason most judges are reluctant to impose sanctions unless the
suit or actions of the parties, are just so ridiculous that no
reasonable person would be able to help but laugh out loud.

--
Stu
http://DownToEarthLawyer.com

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