Litigation Abuse & Sanctions

Lawyers and law firms are sometimes called upon to answer for their conduct in litigation. The circumstances may be a sanctions motion or contempt proceeding, or the challenge may be broad as claims for abuse of process, malicious prosecution, or similar claims.

Downey Law Group regularly advises and represents both litigants thinking of pursuing sanctions or claims against a lawyer and lawyers defending against such claims. Notable representations include:

  • Defending a public defender successfully against civil contempt charges brought for alleged discovery abuse in a felony trial;
  • Testifying on behalf of a law firm against imposition of sanctions for alleged improper access to an adversary’s privileged information, and serving as co-counsel in the successful appeal of the order imposing sanctions in that matter; and
  • Assisting defense counsel in obtaining dismissal of product liability claims in federal litigation as sanctions for discovery abuse by plaintiffs’ counsel.

Downey Law Group’s experience on such matters, as well as its general independence, allow the firm to provide valuable service in evaluating potential claims or defending claims brought for alleged litigation abuse or sanctionable conduct. It can provide such services as counsel, co-counsel, or a consulting or testifying expert.