Ethical Obligations

Question 1

Rule 11 Standard of conduct

Answer 1

An attorney or unrepresented party certifies that, after making a reasonable inquiry, the submission of a document to the court is based on:

-Good Faith: The submission is not for any improper purpose (to harass, delay, or increase the cost of litigation).

-Good Facts: The submission is based on evidentiary support or, if specifically noted, will likely have evidentiary support after discovery. This applies to affirmative representations of fact, as well as denials of factual allegations.

-Good Law: The submission is warranted by existing law or presents a non-frivolous argument for a change in existing law.

Question 2

Rule 11 Sanctions- how to get it

Answer 2

The complaining party must first draft a motion for sanctions and serve it on the offending party.

Safe Harbor: party must first serve motion for sanctions on opposing party and provide opposing party with 21 days to withdraw or correct the offending pleading, written motion, or other paper.

*not applicable to discovery