There are sanctions available to a defendant if a plaintiff files a frivolous lawsuit. Those sanctions can also require the attorney to pay. Perhaps there is something in the fact pattern that tolled the statute of limitations, which would give the plaintiff extra time to file and make it not clearly pointless.
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I agree with my colleague. A lawyer should not file a lawsuit that he/she knows is clearly beyond the Statute of Limitations. You can file a motion for sanctions for a frivolous lawsuit under Section 57.105 of the Florida Statutes. However, if the lawyer is able to argue that the Statute of Limitations was either tolled or that the case falls under some exception to the rule, the lawsuit is not frivolous and sanctions will not be awarded. Very rarely is anything crystal clear in the law. That being said, the Statute of Limitations has few exceptions, so I would consult with an attorney and do your research because you may be able to recover your attorneys' fees if you prevail on a motion for sanctions. Good luck.
Some lawyers will do whatever their clients ask them to do so long as it is not unethical. You need to keep in mind that a Statute of Limitations is an affirmative defense, and if a defendant does not raise the defense, it is waived. Additionally, if the Defendant does not answer at all and defaults the defense is waived.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Consult with an attorney. Do not underestimate a lawsuit. It may appear to be BS, but it could also land you into a load of debt. Don't try to handle this without an attorney. Good luck!
To schedule a consultation, call my office at 407-965-5519. I am licensed to practice in Florida only. My answer does not create an attorney-client relationship, nor does it constitute legal advice. Proper legal advice can only be given after learning all circumstances and conducting a comprehensive examination, including being able to ask questions, and cannot be given just from reading one question on an Q&A board such as this.