This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

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.

Shari L. Klevens

Partner
Dentons US LLP

Phone: (202) 496-7500

Email: shari.klevens@dentons.com

See more...

Alanna G. Clair

Partner
Dentons US LLP

Email: alanna.clair@dentons.com

See more...

Avoid vexatious litigation
Shutterstock

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...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up