2 Tips For Ending A Frivolous Lawsuit Before It Begins

Most lawsuits address serious issues. Unfortunately, a small percentage of them are filed by people who want to waste time and resources litigating frivolous complaints. It's possible to stop such a lawsuit from seeing the inside of a courtroom, and here are two things you can try to achieve that end.

Advise Plaintiff About the Potential Penalties of Losing

Some people file frivolous lawsuits because they don't think there are any downsides to taking the defendant to court or, at least, the benefits outweigh any possible drawbacks. The reality is it costs time and money to litigate a case, and it's unlikely the person would win if what they're suing for has no legal basis. Reminding the plaintiff of that fact may be enough to get the person to end the suit.

For instance, a customer sues a coffee shop because the company doesn't offer alternative milk options. Although it would be good customer service to do so, the shop isn't legally required to use those products. Thus, you might persuade them to drop the issue by letting the plaintiff know that. 

• The case will likely be immediately dismissed by the court
• If the court does let the case move forward, it could take months or years to resolve
• They could incur a large legal bill
• They could be fined by the court for filing a frivolous lawsuit
• The case will be publicly accessible, which may subject them to ridicule and other social problems

This is where paying a corporate attorney to handle this situation is often worth the fee. A strongly worded letter from a lawyer can often drive home the reality of the situation and get the person to rethink their choices. Thus, it's a good idea to contact a business lawyer for advice and assistance.

File a Counter Lawsuit

If you have a legitimate claim against the plaintiff, you can leverage it to your benefit by filing a countersuit and using that as a bargaining chip. People who are quick to sue generally don't like being on the receiving end of a lawsuit, and the plaintiff may drop their case to avoid being held accountable for their actions.

The plaintiff commits libel by publishing false statements about your company on their social media account, for example. You could file a counterclaim based on that. Unlike the plaintiff's case, your lawsuit actually has teeth and the person will likely be willing to dismiss their case once they realize they could end up paying you damages.

You definitely want an attorney helping with this tactic, as it could come across as extortion if it isn't handled the right way. The last thing you want is to give the plaintiff a valid reason to sue, so consult with a corporate lawyer before proceeding.

For help with a frivolous lawsuit that landed on your desk, contact a local corporate litigation attorney.