Dilatory tactics frequently subject us, as lawyers, to sanctions and oftentimes legal malpractice claims from the former client. There is more often than not a fine line between ordinary error, negligence, and willful delay that subjects the lawyer to sanctions. Judiciary Law Section 487 can result in a misdemeanor conviction and liability for treble damages when the lawyer “[w]illfully delays the client’s suit with a view to his own gain.”
Sanctions imposed pursuant to Part 130 of the Rules of the Chief Administrator will require the offending attorney to reimburse the other party for reasonable expenses and attorney’s fees incurred as a result of the frivolous conduct that includes conduct engaged in for the sole purpose of delay.
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