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<blockquote data-quote="fishtm2001" data-source="post: 4687430" data-attributes="member: 54375"><p>"Since 1983, <a href="https://www.law.cornell.edu/rules/frcp/rule_11" target="_blank">Federal Rule of Civil Procedure 11</a> has mandated that lawyers and their clients not commence a lawsuit unless based on (1) well-grounded evidentiary facts, (2) a colorable basis in law, and (3) a proper purpose. And as to the “good facts” aspect of this rule, the lawyer is under an affirmative duty to conduct a reasonable investigation and substantiate the facts <em>before filing</em> a lawsuit making wild allegations of misconduct.</p><p></p><p>Violating Rule 11 is at the lawyer and client’s own economic peril. If the court concludes that litigation was filed without a sufficient factual or legal basis, it has the power to impose financial sanctions, including the payment of the other side’s attorney’s fees. The rule evolved in response to a growing sense there had been an increase in the filing of abusive litigation."</p><p></p><p>justsecurity.org</p></blockquote><p></p>
[QUOTE="fishtm2001, post: 4687430, member: 54375"] "Since 1983, [URL='https://www.law.cornell.edu/rules/frcp/rule_11']Federal Rule of Civil Procedure 11[/URL] has mandated that lawyers and their clients not commence a lawsuit unless based on (1) well-grounded evidentiary facts, (2) a colorable basis in law, and (3) a proper purpose. And as to the “good facts” aspect of this rule, the lawyer is under an affirmative duty to conduct a reasonable investigation and substantiate the facts [I]before filing[/I] a lawsuit making wild allegations of misconduct. Violating Rule 11 is at the lawyer and client’s own economic peril. If the court concludes that litigation was filed without a sufficient factual or legal basis, it has the power to impose financial sanctions, including the payment of the other side’s attorney’s fees. The rule evolved in response to a growing sense there had been an increase in the filing of abusive litigation." justsecurity.org [/QUOTE]
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