Posted by JPiper on July 02, 2001 at 09:17:15:
I’m not an attorney, and it may be that laws are different depending on the state, but in my state your attorney would be correct. You must complete the first suit before you can file a frivolous suit. Further, it would probably be worth checking case law and/or the statutes to see what the hurdle is for a lawyer to NOT be considered frivolous. In my state regardless of how ridiculous a lawsuit may seem, a lawyer has an EXTREMELY LOW hurdle in order to prove that the suit was not frivolous when undertaken. Keep in mind lawyer write these laws for other lawyers, to be judged by other lawyers.
It may well be frivolous to a reasonable person, but there’s a wide difference between what a reasonable person would think, and what the law says. The two aren’t necessarily the same.