Sanctions Sparingly

which abuses the judicial process,” but that a monetary award “may go no further than to redress the wronged party ‘for the losses sustained’; it may not impose an additional amount as punishment...” Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101, 107-108 (2017).

As for the types of sanctions available, courts have the “ability to fashion an appropriate sanction,” and therefore, parties moving for sanctions should consider what type of relief would be suitable under the circumstances. Sanctions may range from awarding costs and fees associated with the filing of a motion to compel (and/or subsequent motion for sanctions), an adverse inference, and in extreme cases, dismissal or default judgment. Multiple other types of sanctions may also be available.

Practically speaking, courts tend to be willing to award sanctions only in cases where a party has clearly violated discovery rules or engaged in egregious conduct. Thus, simply copying and pasting a request for sanctions at the end of a motion to compel as a matter of course is unlikely to be successful and is likely to invite the other party to request similar sanctions.

Attorneys acting as zealous advocates on behalf of their clients can naturally result in disputes over discovery. Different viewpoints and interpretations of the law and what another party is entitled to are inevitable. This does not mean, however, that merely disagreeing with another party’s position serves as legitimate grounds for sanctions.

Counsel must keep in mind that sanctions will only be imposed if a party completely disregards the discovery process. Aggressively seeking sanctions when they are not appropriate can often work against the client’s best interests and should only be pursued if the circumstances justify them.

We work in a relatively small jurisdiction that almost guarantees that attorneys will run into the same counsel again and again. As a result, it is even more important to exercise caution and judiciousness when seeking sanctions against one’s colleagues.

The Corner Office is a recurring feature of the Multnomah Lawyer and is intended to promote the discussion of professionalism taking place among lawyers in our community and elsewhere. While The Corner Office cannot promise to answer every question submitted, its intent is to respond to questions that raise interesting professionalism concerns and issues. Please send your questions to mba@mbabar. org and indicate that you would like The Corner Office to answer your question. Questions may be submitted anonymously.