How to handle a motion for sanctions-Lexology?
For example, if opposing counsel seeks sanctions against the client for actions of the attorney, an issue could arise regarding whether the client might have a claim against the attorney should sanctions be imposed.
What happens when an attorney receives a motion for sanctions?
The impact on attorneys and their law practices can be significant. When an attorney receives a motion for sanctions (whether solely against the client or against both the attorney and the client), various obligations attach that many attorneys overlook.
Why was counsel sanctioned in the Kim case?
In Kim, counsel was sanctioned during the appeal for offensive conduct. Counsel lied to the court to obtain a briefing extension and then included a meritless request for sanctions against his opponent. The sanction allegations were “word-for-word identical” to allegations in a brief counsel filed in another appeal in 2009. ( Id. at 290-291.)
When to ask for sanctions against a colleague?
The case reminds us that asking for sanctions against a fellow colleague should be reserved for those instances when they are actually warranted. The request should not be cut-and-paste from a form motion that circulates the office. It was “cut-and-paste” behavior that warranted sanctions against the attorney in Kim.
In Kim, counsel was sanctioned during the appeal for offensive conduct. Counsel lied to the court to obtain a briefing extension and then included a meritless request for sanctions against his opponent. The sanction allegations were “word-for-word identical” to allegations in a brief counsel filed in another appeal in 2009. ( Id. at 290-291.)
How did opposing counsel make my client look bad?
Two days later I received a faxed letter from opposing counsel, demanding that our client “pay the $600 in sanctions within 48 hours.” The letter explained that if my client did not pay those sanctions with 48 hours, opposing counsel would go to court for additional sanctions. There is no “sanctions for failing to pay discovery sanctions” motion.
The case reminds us that asking for sanctions against a fellow colleague should be reserved for those instances when they are actually warranted. The request should not be cut-and-paste from a form motion that circulates the office. It was “cut-and-paste” behavior that warranted sanctions against the attorney in Kim.
Can a lawyer be sanctioned for opposing a motion?
Recently, an attorney in our office was sanctioned for opposing a motion for a protective order when the issue in dispute had a clear split of authority. The practice guide itself directed counsel to present the issue to the court for a ruling. It is hard to envision a more justified opposition than one based on a split in legal authority.