Legal Question in Civil Litigation in California
Reasonable inquiry in to claims
Rule 11(b), which states:
�By presenting to the court a pleading, written motion, or other paper- whether by signing, filing, submitting, or later advocating- an attorney or unrepresented party certifies that to the best of the persons� knowledge, information, and belief, formed after a reasonable inquiry under the circumstances
What is considered reasonable inquiry? If a client tells an attorney something is true, can the attorney take it on its face and file an action or does the attorney need to investigate further to ensure the claim is valid and it is supported by existing law?
Example. Party comes to an attorney and says that Party B interfered with contractual relations with Party C however Party C does not enter into contracts with anyone. Does the attorney have to verify that Party C enters into contracts or that there was damage done? Or can the attorney file the claim solely based on the assertion of a Party A?
1 Answer from Attorneys
Re: Reasonable inquiry in to claims
The attorney must use his/her independent judgment. The attorney has an ongoing duty even after filing the lawsuit. If there is irrefutable proof that a party is not liable, the attorney has an obligation to dismiss that party with client's consent or, barring that, to withdraw from the case. The same holds true if the attorney subsequently believes the client has no case.
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