Abusive Tactics

• Sanctions are proper when lawsuits are filed with the sole intentions of intimidating, embarrassing or harassing defendants. It is considered a serious abuse of the justice system to file lawsuits for these purposes. Lawyers may also file for sanctions if their opponents engage in needless tactics that delay the progress of litigation. Schemes designed to increase the cost of litigation may also lead to sanctions.
  
  

Sanctions for Frivolous Actions

• Judges frown on frivolous lawsuits and defenses.Zedcor Wholly Owned/PhotoObjects.net/Getty Images
  
  A lawyer may file a request for sanctions in response to a frivolous lawsuit. A frivolous lawsuit is defined as a complaint that has no legal merit. Sanctions for frivolous actions include payment of the opposing party's costs and attorney's fees. Likewise, a defendant may not present frivolous defenses in response to a legitimate lawsuit. Frivolous defenses are punishable by the same sanctions as frivolous lawsuits.
  
  

Sanctions Apply to Attorneys

• Attorneys may seek sanctions against one another, personally.Comstock/Comstock/Getty Images
  
  A lawyer is required to sign each pleading he files in court. A lawyer's signature on court documents represents she has investigated a client's claims and vouches for their legal appropriateness. A lawyer who collaborates with a client to engage in any improper behavior is subject to the same sanctions as the litigant. Therefore, a lawyer may file for sanctions against a plaintiff, defendant and any lawyer participating in prohibited behavior.
  
  

Limitations on Sanctions

• Sanctions have limitations. They may not be crafted for mere revenge or encompass exorbitant fines. They must bear a clear relationship to the damages incurred by the improper behavior. Sanctions for attorney's fees, costs and fines must be reasonable in nature.