Friday, July 16, 2021

Sanctions for Trump Lawyers

The other shoe is starting to drop for Trump lawyers who filed frivolous election lawsuits. In a hearing Monday in the Michigan case, U.S. District Judge Linda Parker chastised the Trump lawyers for filing a case that was "nothing but speculation and conjecture" . No decision yet, but severe sanctions seem likely.

In the UK the losing side is required to pay the winner's legal fees. I think this goes too far, since you can file a suit in perfectly good faith, but still lose for one reason or another. And how do you define "losing"? If you ask for $10,000 and get a verdict for $5,000, is that a win or a loss?

In the US attorneys can be sanctioned for filing a frivolous case, and you have a duty to investigate before making accusations in a petition initiating a lawsuit. Trump's lawsuits surely qualify as "frivolous", and filed in "bad faith", and I hope judges have the courage to impose appropriate sanctions. Hitting these unscrupulous lawyers where it counts, in their pocketbooks, is the only way, short of disbarment, to make the point properly.

Another motion for sanctions will be heard this morning in Colorado, and I'm excited to see how that turns out.

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