Pleadings: Rule 11 sanctions

Question 1

Fee awards: motion requirement

Answer 1

A court may impose sanctions, including payment of attorney’s fees, on attorneys, law firms, and parties for violations of Rule 11, but may typically do so only when a party makes a motion for such fees.

Question 2

Fee awards: legal contentions

Answer 2

Under Rule 11(c), the court is not permitted to impose a monetary sanction against a represented party for violating the requirement that legal contentions be warranted:

(1) by existing law; or
(2) by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.

Question 3

Joint liability: law firms

Answer 3

Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

Question 4

Withdrawal of claim

Answer 4

An attorney is not subject to sanctions if she withdraws the claim or counterclaim within 21 days of service of the sanctions motion.