June 20, 2012 Articles

A Young Lawyer's Guide to Rule 11 Sanctions

As a young lawyer, there is nothing more petrifying than learning that opposing counsel is seeking Rule 11 sanctions against you

By Melissa L. Stuart

As a young lawyer, there is nothing more exciting than landing what you think might be your first big case. On the other hand, as a young lawyer, there is nothing more petrifying than learning that opposing counsel is seeking Rule 11 sanctions against you because you failed to do an adequate prefiling investigation into your new client’s claims. This article, which is the first in a two-part series, presents a brief summary of Rule 11 and what is reasonable due diligence to avoid sanctions. Part two will examine what is required when seeking sanctions, and what to do once sanctions are sought.

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