The Frivolous or Phony Lawsuit
The term “frivolous” tends to imply that someone has done something with no basis, no real meaning or intent, it had no purpose. It almost translates that someone has done something for fun, lightheartedness. The term is misleading. It is better described as the “phony lawsuit”.
The phony lawsuit is a form of extortion. The victims very seldom come forward because they fear addressing the issue will cause them more damage and certainly put them into the position of spending money on legal fees. The victim is shamed into accepting abuse.
Fraud or extortion better describes the actions of an unethical attorney who places a lawsuit that has no merit against another person.
The attorney hides behind his normally privileged actions knowing that the self disciplinary process of the bar associations do not address disputes in the filing of cases.
“Surviving the Wrongful Attack”
In order to prosecute a case against an attorney that has filed the meritless suit, the defendant first has to win the suit placed against them.
There is a flaw in this procedure, for it means that a person that is sued improperly first has to expend thousands of dollars in defense of a meritless case. The victim is immediately put into a downward, spiraling money pit.
A choice must be made, does the person continue to damage himself financially, or simply swallow his pride, cut his losses, and live with the torment of being wronged for the rest of his life.
If the individual is able to last through the wrongful suit, he then has to expend additional money, and also at the same time, find an attorney that will actually place a lawsuit against another attorney.
The process gives the advantage to the person that actually filed the meritless action. For it is the belief of many that if someone is sued, they must have done something to cause it.
The victim is guilty until proven innocent, and even after being found innocent, they are not totally cleared as yet.
“More than A Slight Home Court Advantage is Given to The Attorney”
The unethical attorney has more than just a slight advantage, he has a major advantage. He is immediately given more credibility before the court than he should be afforded because one, he is called an officer of the court, and two, he is sworn not to do things to mislead the court.
He thinks himself safe from reprisal. The bully hiding behind the door.
“Extortion with a Court Filing Stamp”
The extortion disguised as a lawsuit suit continues to tear down the legal system, overload the courts, and provide an arena where unethical attorneys extort money for themselves and their clients.
The frivolous lawsuit does have an intent. It is meant to coerce the defendant (person sued) into paying more (or accepting less) money than is rightfully due.
AttorneyBusters.com believes that a law should exist whereby if an attorney has filed what is believed to be a meritless lawsuit, they should be able to be sued immediately and concurrently with the possibility that they could be subjected to criminal prosecution under certain circumstances.
They have violated a privilege which has been afforded them by their license to act on a person’s behalf in a court of law and as an officer of the court.
“Deterrent From Partaking in A Crime”
AttorneyBusters.com believes that if laws provided more severe penalties for attorneys partaking in a crime with their clients, it would act as a deterrent and drastically decrease the number of frivolous lawsuits.
A lawsuit occurring in the Circuit Court of Multnomah County, Oregon, may change laws that overprotect the attorney.