Clients frequently ask if they can pursue attorney’s fees against the other party for filing a frivolous lawsuit. In state court actions, there is an available remedy against parties as well as attorneys for filing a lawsuit that qualifies as “frivolous.” To recover fees, the defendant must be a prevailing party that defended against frivolous litigation, as defined under N.J.S.A. 2A:15-59.1 (as to fees against a party) or New Jersey Court Rule 1:4-8 (as to fees against an attorney).
To be eligible for an award of fees against an attorney for filing a frivolous lawsuit, one must first comply with the notice requirements in Rule 1:4-8(b). This notice provision is referred to as the “safe harbor provision.”
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