Malicious Prosecution

Sacramento Malicious Prosecution Attorney

Common misconceptions about our legal system include the ideas that anyone can successfully sue over nearly anything, that lawsuits are "easy" or "slam dunks", and that a lawsuit is a quick way to get rich.

Nearly all of that is incorrect. But people who believe these things sometimes give in to the urge to bring meritless, baseless lawsuits. Those on the receiving end of these lawsuits should consult with a Sacramento malicious prosecution attorney to discuss their options. Not only can our firm help you defend against these claims, but you may be entitled to bring a claim of your own to recover for the harassment you have suffered.

Those of us familiar with the legal process know that litigation is a soul-crushing grind. It takes up time. It takes up money. It saps your energy. The legal system understands this, which is why there are four major safeguards against bringing lawsuits that are designed only to harass and intimidate.

First, the Rules of Professional Conduct forbid an attorney from engaging in harassing litigation. Rule 3.1(a)(1) states that an attorney may not "bring or continue an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person." Violating this rule can subject the attorney to discipline. Even if a lawsuit appeared legitimate at the start, the attorney must stop litigating it if they discover that there is no cause to proceed. Doing otherwise is gambling with your license.

Second, various court rules and rules of civil procedure expose anyone making improper filings in court to sanctions. This means everyone, whether they are an attorney or not. Rule 11 of the Federal Rules of Civil Procedure is one such example. A person filing documents for an improper purpose may be at risk of paying the attorney fees and costs for the other side.

Third, some jurisdictions, such as California, have laws that mandate the recovery of attorney fees and costs when defending against some types of cases. These laws, known as Anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes, disincentivize people from bringing lawsuits against others for activity that is protected by the First Amendment. A common favorite claim by vexatious litigations is defamation, which is particularly ripe for sanction under Anti-SLAPP statutes.

Fourth, there are the torts of malicious prosecution and abuse of process. To prove a case for malicious prosecution, a plaintiff must show (1) that the defendant was actively involved in bringing or continuing the lawsuit; (2) that the lawsuit ended in the plaintiff's favor; (3) that no reasonable person in the defendant's circumstances would have believed that there were reasonable grounds to bring the lawsuit; (4) that the defendant acted primarily for a purpose other than succeeding on the merits; (5) that the plaintiff was harmed; and, (6) that the defendant caused the plaintiff's harm. For the closely related abuse of process claim, the plaintiff must prove that (1) the defendant undertook some legal procedure; (2) that this procedure was intentionally used for an improper purpose; (3) that the plaintiff was harmed; and, (4) that the defendant's conduct caused the harm. These claims can apply both to the party bringing the frivolous lawsuit and to their attorney, if the attorney was aware that the case was frivolous.

As a Sacramento malicious prosecution attorney, we can not only help you defend against meritless claims, but we can help you hit back.