Kailua-Kona, HI asked in Criminal Law, Real Estate Law, Constitutional Law and Government Contracts for Hawaii

Q: Are Lawyer liable for improper fraud claims?

2 Lawyer Answers

A: A Hawaii attorney could advise best, but your question remains open for a week. Do you mean a claim based on factually fraudulent evidence, that the attorney knows to be false? Yes

Or do you mean a claim against a defendant that the attorney is basing on a theory of fraud (as in a false-claims act / whistleblower case), where the attorney made a technical error (possibly falling under the use of your term "improper", but lacking the requisite state of mind needed to establish an intent to defraud anyone or mislead the court? That could be fact-specific. The attorney could be liable, or the court could let it go - depending on the nature of the act, the attorney's state of mind, and what you mean by "improper."

This is something you would probably need to discuss with an attorney who practices in Hawaii, where additional details would be needed for a meaningful analysis. Good luck

James L. Arrasmith
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Answered

A: Lawyers can be held liable for improper fraud claims if they knowingly make false statements or act with intent to deceive. This could lead to legal consequences such as sanctions, malpractice claims, or even disbarment, depending on the severity of the misconduct.

If you believe a lawyer has acted improperly in pursuing a fraud claim, it's important to gather all relevant documentation and evidence. Consulting with another legal professional to review the case might help clarify whether the lawyer's actions were appropriate or if they crossed a legal or ethical line.

Taking action in cases of suspected legal malpractice or misconduct is crucial, not only to address your specific situation but also to maintain the integrity of the legal profession.

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