Attorney abuse sanctioned: why not HOA attorneys?

This US district court opinion[1] sanctioned lawyers who

“abused the well-established rules applicable to the litigation process by proffering claims not backed by law; proffering claims not backed by evidence (but instead, speculation, conjecture, and unwarranted suspicion); proffering factual allegations and claims without engaging in the required prefiling inquiry.”

This opinion imposed   

“monetary sanctions on nine Trump attorneys was that it was so long in coming  . . . made outlandish claims of election fraud in Michigan and other key battleground states, all of which were roundly rejected by every court that considered them.”

 What has this case to do with HOA attorney conduct? Plenty!  Just read the judge’s opinion (pages 1 – 5) and see why. The highly relevant opinion that can be applied to the conduct of many HOA attorneys:

“Specifically, attorneys have an obligation to the judiciary, their profession, and the public (i) to conduct some degree of due diligence before presenting allegations as truth; (ii) to advance only tenable claims; and (iii) to proceed with a lawsuit in good faith and based on a proper purpose. Attorneys also have an obligation to dismiss a lawsuit when it becomes clear that the requested relief is unavailable. . . This matter comes before the Court upon allegations that Plaintiffs’ counsel did none of these things.”

Be sure to read the footnotes that further explain the justifications!

Furthermore, in response to intervenor, the City of Detroit’s  charges of violations of Rule 11, civil court procedures, that requires the attorney to certify that the lawsuit was not for “an improper purpose”, was not “well-grounded in law, because the factual allegations could not support Plaintiffs’ claims.”   You may recall my arguments on violations of Rule 11[2] as well as Rules of Professional Conduct, “candor to the tribunal (telling the truth)[3].

This country needs  more cities and towns, like Detroit,  to stand up to attorney abuse of their obligations to the judicial system. We need state bar associations to pursue claims of abuse! We need to stop the attorney claims of “professional courtesy” who fail to raise these issues on behalf of their homeowner clients!

Notes


[1] Timothy King et al. v. Gretchen Whitmer et al.,  No. 2:20-cv-13134  Aug. 25, 2021).

[2] See HOA members fail to invoke their strongest weapon — Rule 11, representations to the court.  

[3] See in general, Is CAI’s ‘lack of candor to the tribunal’ intentional? and Misrepresentation: CAI comes with unclean hands.