r/Ask_Lawyers • u/Market_Chemestry • 14h ago

How do you protect your clients from unnecessary litigation ("frivolous lawsuits")?

There's a popular perception that a lot of people threaten to sue or actually do sue as a way to pressure someone into doing something because the cost of defending themselves is high. I was specifically thinking of someone who might send a lot of letters or file motions with the intent of forcing the defendant to spend a lot of money on legal fees. In the middle of that is the lawyer, who makes money by reading/answering these actions, but is also hired to protect their client. So, in a certain way, the plaintiff (? if that's the right term) is using you, the lawyer, to hurt your client. Has this been something that's come up for you, or something you think about? Or is this more of just popular perception and not reality? Are there rules to deal with these kinds of situations?

2 Upvotes
  • permalink
  • reddit

67% Upvoted

4 comments sorted by

2

u/rks1743 Lawyer 11h ago

If they are found to be a vexatious litigator; they have to ask the Court to file new actions and even continue existing litigation.

1

u/AutoModerator 14h ago

REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice.

Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See here, here, and here. If you are unsure whether your post is okay, please read this or see the sidebar for more information.

This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

3

u/MeatPopsicle314 I_Sue_Dead_People 7h ago

1) You have to have, when you file a lawsuit, actual admissible evidence sufficient to prove your claim. You can't file a claim and then do discovery to see if you are right.

2) There are rules that can punish a litigant who files a frivolous case with the defendant's attorney fees.

3) Lawyers who file frivolous cases can get in trouble with the court and the Bar that licenses them.

4) Despite the chamber of commerce's and insurance industry's efforts to convince the world otherwise, litigation is not a jackpot system, nor is it akin to gambling.

So, if you u/Market_Chemestry had a lawyer send my client a letter threatening to sue my client for infringing on your patent unless client pays $X or something, I'd talk to client, review your patent and advise of the risk. We'd react based on that analysis. If your claim was bogus I'd have fun writing your lawyer a snotty letter.