Washington Lawyer - January/February 2022 - 16

FEATURE
How Far
Should You Go?
Frivolous Claims
& Litigation Ethics
By Jeremy Conrad
I
n the wake of the 2020 presidential
election, numerous attorneys devoted
themselves to raising legal challenges
to election results in jurisdictions where
former President Trump failed to secure
a majority. Chief among them was Texas
lawyer Sidney Powell, who referenced
a tentacled sea monster of Scandinavian
lore in promising a " Kraken " lawsuit proving
widespread fraud.
16 WASHINGTON LAWYER * JANUARY/FEBRUARY 2022
Efforts to overturn the election of President Biden not only failed but
they also resulted in the imposition of sanctions against several proTrump
attorneys. " This lawsuit should never have been filed. The State
Defendants and the Intervenor-Defendants should never have had to
defend it, " U.S. District Court for the Eastern District of Michigan Judge
Linda V. Parker said in her August 2021 decision granting the motion for
sanctions against Powell and eight other attorneys.
The Kraken litigation serves as just one prominent example of how the
zealous prosecution of a case on behalf of one's client can cross the line
into professional misconduct. The court order imposing sanctions on
the group cited Rule 11(b) of the Federal Rules of Civil Procedure, under
which an attorney can be penalized for the presentation of filings for
any improper purpose, such as harassing, delaying, or unnecessarily
increasing the costs of litigation.
Under the rule, parties can also be penalized for the frivolous introduction
of unsupported factual contentions - those lacking evidentiary
support or not amenable to evidentiary support after investigation or
discovery. The rule protects any legal claims warranted by existing law
or by a nonfrivolous argument for reversing such law or establishing
new law.
Images: iStock

Washington Lawyer - January/February 2022

Table of Contents for the Digital Edition of Washington Lawyer - January/February 2022

From Our President
Calendar of Events
Practice Management
Toward Well-Being
Protecting the Integrity of the Profession: A Conversation on Legal Ethics
How Far Should You Go? Frivolous Claims & Litigation Ethics
The Solo/Small Firm Life: Lean, Mean Business Machine
Upping Your Game With Professional Coaching
The Founding of the D.C. Bar
Taking the Stand
On Further Review
The Learning Curve
Member Spotlight
Worth Reading
Attorney Briefs
Speaking of Ethics
Disciplinary Summaries
ABA Delegate’s Corner
The Pro Bono Effect
A Slice of Wry
Washington Lawyer - January/February 2022 - Intro
Washington Lawyer - January/February 2022 - Cover1
Washington Lawyer - January/February 2022 - A
Washington Lawyer - January/February 2022 - B
Washington Lawyer - January/February 2022 - Cover2
Washington Lawyer - January/February 2022 - 1
Washington Lawyer - January/February 2022 - 2
Washington Lawyer - January/February 2022 - 3
Washington Lawyer - January/February 2022 - 4
Washington Lawyer - January/February 2022 - 5
Washington Lawyer - January/February 2022 - From Our President
Washington Lawyer - January/February 2022 - Calendar of Events
Washington Lawyer - January/February 2022 - Practice Management
Washington Lawyer - January/February 2022 - Toward Well-Being
Washington Lawyer - January/February 2022 - Protecting the Integrity of the Profession: A Conversation on Legal Ethics
Washington Lawyer - January/February 2022 - 11
Washington Lawyer - January/February 2022 - 12
Washington Lawyer - January/February 2022 - 13
Washington Lawyer - January/February 2022 - 14
Washington Lawyer - January/February 2022 - 15
Washington Lawyer - January/February 2022 - How Far Should You Go? Frivolous Claims & Litigation Ethics
Washington Lawyer - January/February 2022 - 17
Washington Lawyer - January/February 2022 - 18
Washington Lawyer - January/February 2022 - 19
Washington Lawyer - January/February 2022 - The Solo/Small Firm Life: Lean, Mean Business Machine
Washington Lawyer - January/February 2022 - 21
Washington Lawyer - January/February 2022 - 22
Washington Lawyer - January/February 2022 - 23
Washington Lawyer - January/February 2022 - Upping Your Game With Professional Coaching
Washington Lawyer - January/February 2022 - 25
Washington Lawyer - January/February 2022 - 26
Washington Lawyer - January/February 2022 - 27
Washington Lawyer - January/February 2022 - The Founding of the D.C. Bar
Washington Lawyer - January/February 2022 - 29
Washington Lawyer - January/February 2022 - Taking the Stand
Washington Lawyer - January/February 2022 - 31
Washington Lawyer - January/February 2022 - 32
Washington Lawyer - January/February 2022 - 33
Washington Lawyer - January/February 2022 - On Further Review
Washington Lawyer - January/February 2022 - The Learning Curve
Washington Lawyer - January/February 2022 - Member Spotlight
Washington Lawyer - January/February 2022 - 37
Washington Lawyer - January/February 2022 - Worth Reading
Washington Lawyer - January/February 2022 - 39
Washington Lawyer - January/February 2022 - Attorney Briefs
Washington Lawyer - January/February 2022 - 41
Washington Lawyer - January/February 2022 - Speaking of Ethics
Washington Lawyer - January/February 2022 - 43
Washington Lawyer - January/February 2022 - Disciplinary Summaries
Washington Lawyer - January/February 2022 - ABA Delegate’s Corner
Washington Lawyer - January/February 2022 - The Pro Bono Effect
Washington Lawyer - January/February 2022 - 47
Washington Lawyer - January/February 2022 - A Slice of Wry
Washington Lawyer - January/February 2022 - Cover3
Washington Lawyer - January/February 2022 - Cover4
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