PAR 104 Frivolous lawsuit

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Pima Community College *

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104

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Law

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Apr 3, 2024

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docx

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Arturo Tafoya December 5, 2023 PAR104 Assignment 8 Frivolous Lawsuit When it comes to the law, a lot of clients like to push for frivolous action type lawsuits. Most are unwarranted and never make it to the actual trial unless there is sufficient evidence to support the cause of that particular lawsuit. There are a number of ways for a client to file suit. One of them could be untrue claims of automobile insurance. The other way can be just suing a person for harassment. “Lawsuits are governed by Rule 11 of the Federal Rules of Civil Procedure, which most state judicial systems have adopted in some form. This rule requires that, to the best of the lawyer’s knowledge, the legal theory is “warranted by existing law or by a nonfrivolous argument … or the establishment of new law.”” Lawyers and paralegals must know the in’s and outs of what a frivolous lawsuit is and if it would have enough evidence to actually make it to trial in the long run and not. 1. Why are frivolous lawsuits a basis for disciplinary action? What is the rationale? There are lawsuits that can lead to disciplinary actions. The common consequences can lead up to charges of contempt of court, fines, and possibly criminal charges. These lawsuits can waste the courts time as well. 2. What are the ramifications for a lawyer that is found to have filed a frivolous lawsuit? Address the civil rule discussed in the ABA legal fact check as well as possible disciplinary action or other ramifications.
They would need to have sufficient evidence to file and rule 11 “ (1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.” 3. Do lawyers have to know all of the facts in a case before they file a civil lawsuit? Support your answer. I think that attorney should have and knowledge of the facts for the case due to, in paragraph “B” section 4) and 3) of rule 11 it states “ (3) the factual contentions have evidentiary support or, if specifically, so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically, so identified, are reasonably based on belief or a lack of information.” 4. Do you think that the discipline received by Risley for his count II violations was appropriate to strict or insufficient? You may give your opinion but support your answer with how the discipline will or will not protect the public or clients and will or will not deter future violations of 3.1. I think the discipline Risley receive was appropriate do to the facts that Risley filed for his client misleading the court about Mr. Roth’s residency at the Hersey in violation of ER 1.2.
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