What Are Frivolous Litigation Practices?

April 8, 2023by Jeffrey Davis

Frivolous litigation practices refer to the actions taken by a party or their attorney in a legal case that are considered to be without merit, unreasonable, or intended to harass, delay, or increase the costs for the opposing party. Here are some examples of frivolous litigation practices:

  1. Filing baseless claims: This involves filing a lawsuit or claim without any legal justification or factual basis.
  2. Making false or exaggerated claims: This involves exaggerating or falsifying facts or evidence to support a claim.
  3. Refusing to cooperate: This involves refusing to provide requested documents or information, or failing to attend court hearings or depositions.
  4. Filing repetitive or unnecessary motions: This involves filing motions or requests that are repetitive or unnecessary, or filing multiple motions for the same issue.
  5. Pursuing claims that have already been resolved: This involves pursuing claims or issues that have already been resolved or dismissed by the court.
  6. Using the legal process to harass or intimidate: This involves using the legal process to harass, intimidate, or otherwise cause undue burden or expense for the opposing party.

Frivolous litigation practices are generally viewed as unethical and may be subject to sanctions and penalties, including fines, payment of the opposing party’s legal fees, and disciplinary action against the lawyer who engaged in the practices. The legal system is designed to provide a fair and efficient means of resolving disputes, and frivolous litigation practices undermine that goal.