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Is there any way that lawyers can be sent to jail for making egregiously bad legal threats? Does it ever happen?

by 3131s 6y ago

TaylorAlexander 6y ago
Idk about jail but I assume there is a risk of being disbarred.
- tdy721 6y ago
  But if a cop breaks the law, he goes to jail right? Know anything about that one? XD Edit: Sorry. This is a crazy comment. Cops go on the Brady list and are forced to work in low income neighborhoods. I knew that. Wait, but that’s crazy?
ashtonkem 6y ago
The rules of federal procedure has a rule for this, rule 11. It’s designed to punish lawyers or litigants who either bring unsupported cases, or otherwise misuse various aspects of the federal court system. Rule 11 allows for federal judges to directly sanction bad-faith actors, up to paying their opponents fees. Like many rules designed to reign in those with power who misuse it, it seems that it isn’t applied very often.
- jjeaff 6y ago
  Yes, it appears to be very rare. Otherwise Guliani and the rest of the "Elite strike force" legal team would be fully sanctioned by now.
- grumple 6y ago
  US law does not matter to law firms in Delhi...
  - ashtonkem 6y ago
    In the past, the US has indemnified all Americans for being sued in jurisdictions with bad defamation laws. So assuming you don’t have any business in India, a fair response is “sue me in America, or <bleep> off”.
- pas 6y ago
  "up to"? That should be the minimum.
jlgaddis 6y ago
I wish. Until that becomes common (or even possible), the best alternative we have available is to make sure that the companies and legal teams do not succeed in their ultimate goal. That objective, of course, is to create a "chilling effect" or, to put it bluntly, get people to shut the fuck up. If they don't want $thing known, the best way to fight back against that is to make sure that as many people as possible know about $thing. In other words, introduce them to the Streisand effect.
tdeck 6y ago
Some states have anti-SLAPP laws. https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation?wprov=sfla1 https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...

Is there any way that lawyers can be sent to jail for making egregiously bad legal threats? Does it ever happen?

by 3131s 6y ago

Is there any way that lawyers can be sent to jail for making egregiously bad legal threats? Does it ever happen?

TaylorAlexander 6y ago

Idk about jail but I assume there is a risk of being disbarred.

tdy721 6y ago
But if a cop breaks the law, he goes to jail right? Know anything about that one? XD Edit: Sorry. This is a crazy comment. Cops go on the Brady list and are forced to work in low income neighborhoods. I knew that. Wait, but that’s crazy?

ashtonkem 6y ago

The rules of federal procedure has a rule for this, rule 11. It’s designed to punish lawyers or litigants who either bring unsupported cases, or otherwise misuse various aspects of the federal court system. Rule 11 allows for federal judges to directly sanction bad-faith actors, up to paying their opponents fees. Like many rules designed to reign in those with power who misuse it, it seems that it isn’t applied very often.

jjeaff 6y ago
Yes, it appears to be very rare. Otherwise Guliani and the rest of the "Elite strike force" legal team would be fully sanctioned by now.
grumple 6y ago
US law does not matter to law firms in Delhi...
- ashtonkem 6y ago
  In the past, the US has indemnified all Americans for being sued in jurisdictions with bad defamation laws. So assuming you don’t have any business in India, a fair response is “sue me in America, or <bleep> off”.
pas 6y ago
"up to"? That should be the minimum.

jlgaddis 6y ago

I wish. Until that becomes common (or even possible), the best alternative we have available is to make sure that the companies and legal teams do not succeed in their ultimate goal. That objective, of course, is to create a "chilling effect" or, to put it bluntly, get people to shut the fuck up. If they don't want $thing known, the best way to fight back against that is to make sure that as many people as possible know about $thing. In other words, introduce them to the Streisand effect.

tdeck 6y ago

Some states have anti-SLAPP laws. https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation?wprov=sfla1 https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...