What is the standard of conduct of an attorney in a personal injury action?
California, United States of America
The following excerpt is from Mcquiggan v. Mcquiggan, E049027, No. OFLRS30205 (Cal. App. 2011):
tactic was (1) totally and completely without merit, measured by the objective, "reasonable attorney" standard, or (2) motivated solely by an intention to harass or cause unnecessary delay, measured by a subjective standard. [Citations.] Whether sanctions are warranted depends on an evaluation of all the circumstances surrounding the questioned action. [Citation.]' (Weisman v. Bower (1987) 193 Cal.App.3d 1231, 1236, fn. omitted.)
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