THREAD:
1) I was asked if it is actually possible to disbar attorneys who bring frivolous cases. The answer is that, like most aspects of the law, it's complicated.

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2) A case is considered frivolous if the attorney c/n make a good faith argument on the merits. Simply claiming “I believe that X,” where no evidence of X exists, is not a good faith argument.

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3) Bringing a frivolous case can lead to a contempt citation, or if multiple cases are brought by the same atty, criminal action. In addition, attys can be sanctioned by the court, along w/the client, for bringing a frivolous case;

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4) that usually involves paying all/some of the other side's court costs/atty fees. Disbarment or suspension is usually for something *really* serious. Lying to a court is serious; Pres. Clinton was suspended by Arkansas for having lied under oath in a deposition.

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6) Keep in mind, though, that the ABA does not have jurisdiction over any atty's license and does not discipline attys, and the Model Rules may not be the same as the rules in a particular state where an atty is licensed.

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7) In New York, the Rules of Prof Conduct prohibit bringing a frivolous case, and attys have been disbarred for bringing just one.

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8) All that being said, a court can certainly refer an atty to a state bar for disciplinary action if it thinks that a frivolous case has been brought, and having to defend in such a case is certainly a professional embarrassment, even if no action is taken.
Hope that helps. ;)
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