Wasting a court’s time and resources can lead to hefty fines and other penalties for parties who file bad faith complaints. Attorney fees are often awarded in cases where the court determines the plaintiff or other moving party filed their claim in bad faith.
In the case of Beatty v. Poitier, Mother’s request for increased parenting time was determined to be in bad faith and with the intention of harassing Father, and Father’s claim for attorney fees was granted.
Beatty v. Poitier
Mother filed a complaint to modify a paternity decree and sought increased parenting time with the child. Father filed a counterclaim seeking a modification of child support and supervised visitation for Mother, as well as attorney fees. On the day of the hearing, Mother moved to dismiss her complaint. The court granted Mother’s dismissal, but during the hearing on Father’s counterclaim, Father stated that Mother had a history of filing pleadings and then canceling or failing to appear. Additionally, he claimed that Mother had not texted him to set up visitation with the child. The trial court determined that Mother’s complaint was frivolous and filed to harass Father, and it ordered Mother to pay $1,500 toward Father’s attorney fees. Mother appealed, but the appellate court upheld the trial court’s ruling. Mother then petitioned for review by the Nebraska Supreme Court.
The State Supreme Court’s Ruling
The Supreme Court stated that a frivolous action is one where the position of the moving party is without rational argument based on law and evidence and is wholly without merit. Because Mother in this case had a history of dismissing her complaints to modify parenting time and had not made an effort to have a relationship with the child, her claim was determined to be for the purpose of delay or harassment.
In the case of Beatty v. Poitier, the Nebraska Supreme Court upheld the district court and appellate court’s rulings regarding the award of attorney’s fees to Father.
Legal Ethics and Frivolous Claims
Rule 3.1 of the American Bar Association’s Model Rules of Professional Conduct states that lawyers “shall not bring or defend a proceeding… unless there is a basis in law and fact for doing so that is not frivolous…” Frivolous claims, or bad faith claims, are those intended to delay or harass the other party, and they lack any legal or factual basis.
If a court determines that a party has filed a bad faith or frivolous claim, it can order them to pay the other party’s reasonable expenses associated with the claim, such as attorney fees. In select cases, attorneys who file frivolous claims may also face consequences. Because lawyers have an ethical obligation to avoid filing bad-faith claims, those who file frivolous complaints could have sanctions placed against them or face disciplinary action from the state bar. In extreme or repeated situations, it can be considered legal malpractice. An experienced family law attorney can provide invaluable information for such matters.