Courtney: I see that you mentioned, “…this is most likely a bogus claim…typical of ALL civil suits.” I find it a shame that you and others believe that lawyers are salivating after civil plaintiffs wanting to file frivolous claims, (like Pavlov’s dogs) seeking innocent defendants with big pockets to rip off. Do you know that we (lawyers) can be disbarred for filing frivolous claims? That is not all! Lawyers may be sanctioned by the Court for bringing a frivolous suit. Sanctions may be non monetary or monetary and may include paying the opposition to defend the frivolous suit. In Oregon, the statute governing wrongful litigation states, in pertinent part, \”In any civil action, suit, […] the court may, in its discretion, award reasonable attorneys\’ fees appropriate in the circumstances to a party against whom a claim is asserted, […] upon a finding by the court that the party […] acted in bad faith, wantonly, or solely for oppressive reasons \” (emphasis added) ORS 20.105(1), 656.390. I\’m sure it would cost the plaintiff\’s attorney too much money, time, and would be too big of a risk to file a frivolous claim against the defendant in this matter. There more likely than not IS some merit to these allegations. But, as we all should know, simply reading news articles will never give us enough relevant factual information to help us make fair and just assumptions.
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Courtney: I see that you mentioned, “…this is most likely a bogus claim…typical of ALL civil suits.” I find it a shame that you and others believe that lawyers are salivating after civil plaintiffs wanting to file frivolous claims, (like Pavlov’s dogs) seeking innocent defendants with big pockets to rip off. Do you know that we (lawyers) can be disbarred for filing frivolous claims? That is not all! Lawyers may be sanctioned by the Court for bringing a frivolous suit. Sanctions may be non monetary or monetary and may include paying the opposition to defend the frivolous suit. In Oregon, the statute governing wrongful litigation states, in pertinent part, \”In any civil action, suit, […] the court may, in its discretion, award reasonable attorneys\’ fees appropriate in the circumstances to a party against whom a claim is asserted, […] upon a finding by the court that the party […] acted in bad faith, wantonly, or solely for oppressive reasons \” (emphasis added) ORS 20.105(1), 656.390. I\’m sure it would cost the plaintiff\’s attorney too much money, time, and would be too big of a risk to file a frivolous claim against the defendant in this matter. There more likely than not IS some merit to these allegations. But, as we all should know, simply reading news articles will never give us enough relevant factual information to help us make fair and just assumptions.