7th Circuit Affirms $80K Sanction: If Lawyer Can’t Pay, Bankruptcy Is Next Step
Friday, February 27th, 2009
Known for his sometimes-blistering views on attorney competency issues, Judge Frank Easterbrook of the Chicago-based 7th U.S. Circuit Court of Appeals takes something of a kindly tone, initially, in an opinion today upholding an $80,000 sanction against an impoverished attorney. But, writing on behalf of a three-judge panel, Easterbrook nonetheless finds that a lawyer who pursued litigation over a labor union election based on a number of "fanciful" allegations is responsible for the defendants' legal costs. An argument by attorney James Gordon Banks that he has only $2,000, his clothing, his watch and his wedding band—and no malpractice insurance—is irrelevant…