An attorney represents a plaintiff in a federal lawsuit. The attorney files a complaint alleging a breach of contract but knowingly includes a claim for fraud, which is factually unsupported by the evidence the attorney possesses. The defendant files a motion for sanctions under Rule 11. What must the court consider to decide whether sanctions are appropriate?
Whether the defendant suffered harm as a result of the unsupported fraud claim.
Whether the plaintiff provided written consent for including the fraud claim in the complaint.
Whether the attorney conducted a reasonable inquiry into the factual basis for the fraud claim before filing.
Whether the attorney subjectively believed the fraud claim was legally plausible.
The correct answer is based on whether the attorney conducted a reasonable inquiry before filing and whether the claims made are objectively reasonable under Rule 11 requirements. Rule 11 requires attorneys to ensure that the filings are not made for improper purposes (such as to harass) and that legal and factual contentions have evidentiary or legal support. Filing a claim known to be unsupported violates Rule 11. Incorrect answers fail to address the reasonable inquiry standard, erroneously rely solely on the attorney's knowledge or motives, or mischaracterize the factors considered under Rule 11.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is Rule 11 in legal proceedings?
Open an interactive chat with Bash
What constitutes a reasonable inquiry under Rule 11?
Open an interactive chat with Bash
What are potential sanctions for filing frivolous claims?