There’s a perception that we live in a litigious society. Threats to sue another party are commonplace. When one party decides to follow through on that threat, it’s tempting to dismiss their claims as being frivolous or without merit. However, they may have a stronger claim than you think.
When a customer, vendor, or business partner files a lawsuit, it’s important that you carefully consider your next move. Do not shrug off a lawsuit as being without merit. However, it’s not always the best course of action to offer a quick settlement, either.
When will the court consider a lawsuit to be frivolous?
A court will dismiss a lawsuit as being frivolous or without merit if it finds:
- There are no reasonable or factual grounds to support the underlying claim
- The lawsuit was intended to harass or to tie up the defendant in litigation
Attorneys who file a lawsuit in bad faith and the claim is frivolous or designed to cause unnecessary delay may be held accountable for the other party’s legal fees and court costs. Because attorneys are discouraged from filing a claim without merit, you need to take all legal actions seriously.
Preparation is essential
Nobody wants to deal with legal issues. Unfortunately, they are often a cost of running a business. Anytime you’re threatened with legal action, meet with a skilled attorney. Preparing for litigation, even if it never comes to that, can help you better protect your valuable interests. An attorney can let you know whether an underlying claim has merit and inform you of your options for how best to respond.