In divorce and custody cases, on Long Island and elsewhere, too often the litigation is merit less and frivolous just to accumulate billings for the lawyer, and/or bitter emotions to be vented by the client in the hope of vindication or punishing the other client. The courts usually do nothing to put a stop to it. Recently in a Manhattan divorce case, of over five years, the judge finally did sanction the lawyers for one of the litigants who litigated on and on at the behest of the client’s parents who were paying the freight. The client did not want to pursue custody, but his parents wanted him to. The court sanctioned the lawyers big time. The grandparents and the lawyers were sanctioned over $500,000.00. This should be done more often to stem the tide of nonsensical litigation for the sake of litigation.
The court properly sanctioned the lawyers for this as client’s usually do not know better, but should because it is their money being spent, although not in the case referred to. In that case, it was the grandparents money being spent. We should all be upset because it wastes our tax dollars within the court system.
The court system is for putting facts to the law to obtain the relief permitted by law. It is about the administration of law, not about “justice,” and definitely not a place for a private war. One person’s justice is usually someone else’s injustice.
I am hoping this will start a trend where merit less and frivolous litigation gets more sanctions to cut down on it, but I doubt it. It would help if litigants would be prosecuted for perjury (lying under oath) which is way too common.