Filing a lawsuit should never be done is haste. If parties have some sort of issue, they first and foremost should attempt to work things out amicably and rationally. However, sadly, this is not always the path in which people take in resolving their issues.
Now more than ever, people sue at the drop of a hat. If they feel wronged they often will file court papers first and ask questions later. While it is true that everyone has the right to be heard in court, they most certainly do not have a right to frivolously bring a cause of action against a person or entity when they lack proper standing to do so.
For a party to have legal standing, there must be some sort of connection between them and the other party pertaining to the harm that has been brought upon them. In other words, if the defending party has no nexus with the party setting forth the action, said action against them would be frivolous, thus lacking any legal merit.
If an attorney is retained to take part in an action that he or she knows or deems to be frivolous, they would be subjecting themselves to legal sanction and even contempt of court. These sanctions can also be levied upon the clients who initiate frivolous proceedings.
The Courts are extremely hard on litigants who bring upon frivolous lawsuits due to the fact that they clog up the court calendar and ultimately waste time and money.
To avoid filing a frivolous lawsuit, one should really take a step back from their current situation and examine all the pertinent facts. They need to assess who is at fault in their given circumstance and be sure that a proper and potential remedy can be reached by bringing a claim against that person or entity.
Understandably, emotions often get the best of us and we want immediate relief and immediate justice. Emotions run so rampant that we are quick to place blame where it should not be placed. We hold people at fault who in reality are not responsible for any wrongdoing.
This is where foreseeability comes into play. Often times, a legal connection is determined by foreseeability. If it is foreseeable that a party may be injured given the presented circumstances, then a legal cause of action may hold up. However, if no foreseeability exists, there is no legal nexus and therefore, no legitimate legal cause of action.
So before filing a lawsuit, whether it is a small claims action, personal injury, or some other civil or criminal matter, take a deep breath and mull things over. If the party that you are about to sue really has no deep-rooted connection with your current predicament, save yourself, and the court system, some time and money. Don’t be foolish and file a frivolous lawsuit.