Legal Question in Civil Litigation in Missouri

Frivolous Lawsuits -- What Recourse?

What recourse does an individual have, when an attorney, representing herself, files a frivolous lawsuit against this individual?

The dispute amount is VERY TRIVIAL, but the attorney is seeking large punitive damages. Whatever the individual does, it will cost far more money to defend this then the original (and frivolous suit is for) Yet it seems that there is a principal here worth standing up to. And it seems that the actions of this attorney, if not dealt with swiftly by other laywers will merely put the entire profession in an unfavorable light with the public.

My guess is that this attorney has a history of such action -- how can one find this out? How can one find if this attorney has been disciplined before? Is there any legal recourse an individual has in cases like this that won't be extremely expensive?

Are there attorneys who would take such a case (to defend the individual) and not charge them but seek to recoup their legal fees from court order/sanctions against the original attorney filing the case?


Asked on 9/17/00, 11:31 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Frivolous Lawsuits -- What Recourse?

You can check with the Missouri Bar Association and the Missouri Supreme Court clerk to see whether he has been disciplined before. There is no log of "frivolous" lawsuits, however you can search court of appeals records for the State of Missouri to see whether his name pops up.

You should be careful with what you term as frivolous - the law may or may not agree with you. If you feel strongly that the suit is frivolous, you can countersue for abuse of process and seek your attorney fees as part of the damages. If you win, he will have to pay your attorney.

There are attorneys which will take your case, if it has merit. Call the bar association and ask for referrals for a litigation lawyer, then talk to several of them in your area.

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Answered on 10/17/00, 10:53 am


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