Civil Procedure
Jul. 13, 2026
Avoid vexatious litigation
As courts grow increasingly impatient with meritless litigation, attorneys who cross the line from tenacious advocacy to frivolous or vexatious conduct risk professional discipline and personal liability for the opposing party's fees.
Courts across the country have signaled a growing impatience with baseless lawsuits. Attorneys who push their advocacy beyond permissible limits may find themselves personally exposed to fee-shifting sanctions due to meritless actions. What was once considered an extraordinary remedy (given the longstanding American rule that each party bears its own litigation costs) has become a more routine consequence as judicial dockets swell and patience with meritless cases wears t...
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