Litigators locked in a heated dispute know that can be just a matter of time before one attorney raises the stakes by threatening to file a motion for sanctions. The unfortunate reality is that there has been a sharp uptick in motions for sanctions in recent years. In some instances, this reflects a lack of professionalism in the bar, where attorneys engage in improper conduct that inevitably leads to a meritorious request for sanctions. On the other hand, in other instances, attorneys use these motions as nothing more than a litigation tactic.
When there is a legitimate basis for sanctions, courts will not hesitate to act and are increasingly crafting harsh sanctions to punish the attorney and/or the party for their improper conduct. Thus, while attorneys routinely engage in strategic and zealous advocacy on behalf of their clients, they incur unnecessary risk when their conduct crosses the line into sanctionable conduct.
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