Why Would a Family Law Attorney Be Sanctioned?

In the practice of family law, attorneys are expected to navigate contentious and emotionally charged disputes while upholding high ethical standards. Everyone deserves to have an attorney who follows the rules and acts in good faith. However, in some cases, attorneys fall short of that standard. Sometimes they file frivolous motions, or file the same motion over and over again, or file motions meant only to harass, delay, or increase attorneys’ fees. Illinois Supreme Court Rule 137 provides the Court a possibility of sanctioning parties and their lawyers when behaving badly.

What is a Frivolous Filing?

A frivolous filing is a motion filed with the Court that contains no legal merit or one that is intended to harass, delay, or unnecessarily burden the opposing party. In family law, frivolous filings may be those that seek to intentionally delay matters or duplicative filings that bring up issues that have already been resolved by the Court.

Examples of frivolous filings in family law include:

• Repeatedly filing for child custody or support modifications without being able to show any material change in circumstances.
• Repeatedly filing motions for contempt of court without evidence of non-compliance of a court order.
• Harassing an ex-spouse by bringing by repeatedly filing emergency motions that are not, in fact, emergencies.

The main characteristics of a frivolous filing are that it lacks a reasonable legal foundation and is not pursued in good faith. These filings can delay proceedings, increase legal costs for everyone, and add emotional strain to families already dealing with difficult issues.

What is Rule 137?

Illinois Supreme Court Rule 137 requires that every Court filing be signed by an attorney (if the party is represented) or the party themselves, to certify that it is well-grounded in fact and law and that it is not filed for an improper purpose, such as to harass or cause unnecessary delay. Rule 137 seeks to prevent the misuse of the judicial system by imposing sanctions on attorneys or litigants who make frivolous filings.

The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion or other document; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

Ill. Sup. Ct. R. 137

What Happens if an Attorneys Violates Rule 137?

Under Rule 137, sanctions for frivolous filings can include:

• Monetary penalties: The attorney, personally, will have to pay money, either to the opposing party or to the court.
• Attorneys’ fees: The attorney filing the frivolous claim may be required to pay the opposing party’s legal fees.
• Dismissal: The case may be dismissed with prejudice, preventing it from being refiled.

In family law, Rule 137 is often invoked when attorneys repeatedly file motions without merit, or when motions are made purely for the purpose of delaying or increasing litigation costs.

Recent Case: In re Marriage of Bedard

In a 2024 divorce case, on appeal from the Circuit Court of Cook County, an attorney was sanctioned personally for filing meritless and duplicative motions on behalf of her client. The lower court found that the attorney’s filings were meant to harass rather than meaningfully spur on the resolution of the divorce because she filed multiple motions for maintenance, a motion to dismiss the Petitioner’s Petition for Dissolution of Marriage, and a motion to substitute the judge for cause, among others.

The lower court assessed a sanction against the attorney for more than $35,000. The attorney appealed and ultimately had her sanctions reduced because she had not been given proper notice of the extent and nature of her sanctions in advance of the Hearing to determine the amount she should pay.

This case is another solid example of conduct from an attorney that the Court will not abide, but it also shows the limitations built into the system. When there are multiple questionable filings on multiple dates, the Court must be careful and precise to delineate the specific filings for which an attorney is being sanctioned, both before and after the hearing on sanctions. This complicated system is best navigated by an ethical and experienced legal professional.

Recent Case: In re Marriage of Ivankovich

On December 19, 2024, in In Re: Marriage of Ivankovich, 2021D009220, Judge Ellen Flanagan of the Circuit Court of Cook County entered a written order sanctioning both the husband and his attorney at major Chicago divorce law firm Beermann LLP. The Court imposed sanctions under not only Illinois Supreme Court Rule 137 (against the husband and his attorney personally) but also Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act (against the husband alone). The husband had to pay, in total, $420,000 in sanctions, and his attorney personally had to pay $70,000. The Court said:

This Court strongly advises Mr. Field and the attorneys at Beermann who assisted Mr. Field in researching, drafting, and appearing in court in this matter to reconsider the oath they took before being authorized to practice law in Illinois. This Court finds Beermann has not faithfully discharged their duties as Steven’s attorneys, nor have they done so to the best of their ability. Time and time again in this case Beermann contends they are merely zealous advocates for their client; however, there is a stark difference between zealous advocacy and blatant disregard of the law.

You Need a Principled Attorney on Your Side

How do you know an attorney has engaged in sanctionable conduct? According to the Court, “Good faith alone is not a defense to sanctionable conduct. An objective standard of reasonableness based upon the entirety of the circumstances must be applied. (In re Marriage of Bedard, 2024 IL App (1st) 232280-U, ¶ 55).

Family law attorneys have an ethical duty to act in the best interests of their clients, and filing frivolous motions undermines the attorney’s ability to do that. Bad acting attorneys harm their client in the following ways:

• Increased legal costs: Unnecessary motions and appeals can add financial strain to clients already facing costly legal battles.
• Emotional toll: The prolonged nature of frivolous litigation can cause additional stress and emotional damage, particularly in custody and divorce cases where families are already experiencing turmoil.
• Delays in resolution: Courts have limited resources, and frivolous lawsuits waste judicial time, delaying the resolution of important family law matters.

Illinois Rule 137 provides essential mechanisms for sanctioning attorneys who file frivolous motions and pleadings in family law cases. These rules help to ensure that legal proceedings are fair, efficient, and just.

The Ethical Attorneys at O. Long Law, LLC, Can Help

When you are facing divorce, or any other family law matter, you need an attorney who is going to make the process and smooth and easy as possible – not an attorney who is going to engage in sanctionable conduct. The experienced, compassionate family lawyers at O. Long Law, LLC, help clients through the toughest family issues every day. Give us a call today to schedule a consultation.