Who pays sanctions?

dinkers said:

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

I am involved in a lawsuit. Recently, my lawyer informed me that the (federal) court sanctioned me. Specifically, it reads "Plaintiffs and Plaintiff's counsel are hereby ORDERED to pay the Defendant the sum of...". My lawyer says that I am solely responsible for paying this. Because both the plaintiff and plaintiff's counsel were sanctioned, what is customary - for just the plaintiff to pay, or for the plaintiff and plaintiff's counsel to split the cost?

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dinkers said:

"as a sanction for the Plaintiffs having necessitated the obtaining of the motion to compel." As far as I can tell, it was for failure to provide enough information in interrogatories. (I can go into the detail of whose fault I think this is; but I am just wondering what is customary).

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You Are Guilty said:

Assuming that you didn't prepare the responses without your attorney's assistance (in which case you would be the first person in history to do so), I'd say this sounds like a 50-50 split, although it's impossible to say without specifics. For example, if you actually suggested a "more complete" response to the rog and were overruled by your lawyer, in that case, I'd say you shouldn't have to pay any of it. On the other hand, if your attorney drafted the responses for your review, and you were the one who crossed some information out, then the onus would be on you.

How much are we talking here anyway? Anything significant and it sounds like a Bar Complaint may be in your future.

Good luck.

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