Sanctions against lawyers

[sandyclaus]

What is the name of your state (only U.S. law)? California

My co-worker is currently involved as a defendant in an Unlawful Detainer suit. The opposing party, after filing and pursuing the case In Pro Per for some time now, finally decided to hire herself an attorney to represent her.

Some history: The first complaint, filed last year, was dismissed because the landlord could not prove that she had actually given the 30 day notice claimed as the cause of action. Following service of a 3-day notice after that dismissal, the landlord filed a 2nd complaint. Since that time, there have been 2 demurrers filed and sustained with leave to amend due to significant errors in the complaints and subsequent amendments. There is currently a 3rd demurrer hearing pending for the same reasons.

The attorney for the landlord, included in their opposition filed on the most recent demurrer, made a motion seeking sanctions based upon what he claims to be "delaying tactics" because my co-worker keeps filing demurrers to their defective complaints (citing CCP 127.5 & 127.6). I highly doubt that they will win their motion for several reasons, including the undeniable fact that each and every demurrer filed on this complaint so far has been justified and sustained by the Court. I also believe that their attempt to request sanctions is meant only to harass and increase the cost of litigation against their Defendant, primarily because they used the wrong process for filing of their motion, plus their motion has no merit. That itself is sanctionable, and the Defendant has replied to their opposition with a request for sanctions against the Plaintiff and her attorney for this reason.

My question is this. If the Plaintiff and their attorney are sanctioned for their misuse of the sanction process, exactly what happens to the attorney? They would likely be liable for payment of attorneys fees and costs, of course, but does this go on the State Bar record of the attorney? Does he receive some kind of disciplinary action in addition to the sanctions that the Court pose against him?What is the name of your state (only U.S. law)?

[Zigner]

Gotta love deadbeat tenants...

[sandyclaus]

Originally Posted by Zigner

Gotta love deadbeat tenants...

Of course, along with many in the Landlord world, you assume that if there is a case against a tenant it's because they are a deadbeat. You know what they say about assuming... Let's just pretend that all tenants are not deadbeats and put some stock in the POSSIBILITY that there are justifiable defenses to bad landlords out there too.

Before you make a comment like this, please get your facts straight. Your "advice" makes you look ignorant.

[quincy]

There is no easy answer to your question, sandyclaus. It is impossible to tell what a judge will or will not do or what will or will not happen to an attorney whose behavior is questioned.

Your friend could always file a grievance with the State Bar of California. The attorney's conduct will then be investigated.

All state bars have standards for attorney sanctions for professional misconduct, of which the sanctions vary with the misconduct. There is no specific sanction spelled out for any misconduct, as mitigating factors are considered as are aggravating circumstances.

Serious misconduct (the attorney committing a crime, for instance) could (and probably would) lead to disbarment. But sanctions can range from an admonition (a nondisciplinary sanction similar to a "don't do this again"), to a censure or reprimand, to a suspension that involves probation or a "time-out", and any of these could include restitution (if applicable) or rehabilitation (if applicable) or education (if applicable). . . . . . .

So, it is impossible to give a concrete answer. Too many unknowns, too many variables.

[CourtClerk]

All I can say is you sure know a whole lot of people with legal issues....

and UD issues to boot.