chevron-down Created with Sketch Beta.
January 13, 2023

Attorney Sanctioned for Filing Frivolous Suit Without Plaintiff’s Consent

A New Jersey U.S. District Court judge recently sanctioned a Pennsylvania attorney for filing a lawsuit without the plaintiff’s permission. According to the court’s Opinion, the attorney filed a lengthy, frivolous complaint on behalf of the plaintiff despite the plaintiff never having met, retained, or authorized the attorney to represent him. The court found that the attorney violated Rule 11 , Fed. R. Civ. P, and Rules of Professional Conduct rules 3.1 (Meritorious Claims & Contentions); 3.3 (Candor Toward Tribunal); and 8.4 (Misconduct) The judge imposed a $5,000 sanction alongside a referral to the court’s Chief Judge for further disciplinary action.

The material in all ABA publications is copyrighted and may be reprinted by permission only. Request reprint permission here.