Rule 11 Sanctions: Local counsel must sign pleadings!

You write it!  You sign it.

In this decision, local counsel was sanctioned when hired to assist national collections law firm in a Kentucky court case.  Their “agreement” was no need to sign or appear, but the Court of Appeals thought differently.  The sanction was only $1.00, but it was a sanction; and it’s on the record and official.

Rule 11 sanctions against local counsel for not signing pleadings they prepared.
Persels & Associates LLC v. Capital One Bank
OA PUB 2/14/2014 (Presiding Judge Clayton)
Daviess County, Trial Judge Joseph Castlen, III
COA affirmed trial court’s granting of Rule 11 sanctions against defendants arising from debt collection case. Persels was a national law firm and hired local counsel, and trial judge ordered local counsel to show cause why they should not be held in contempt for failure sign pleading and enter an appearance (limited retention of local counsel per agreement did not require them to sign pleading, enter an appearance or attend a court hearing).  The $1.00 sanction was not considered onerous.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.