Litigation is, by its very nature, adversarial. Lawyers may bluff, cajole or appear unyielding as tactics to try to achieve a positive result for their clients. But there can be risk if lawyers engage in usually aggressive conduct that unreasonably drives up the costs of litigation.

Unreasonably driving up the costs of litigation is often referred to as “vexatious litigation,” and can result in a party or lawyer being compelled to pay the other side’s legal fees and costs. Although the “American Rule” typically does not recognize fee-shifting as a standard consequence to litigation, the impact of federal statute 28 USC § 1927 can result in fee-shifting in cases involving serious patterns of misconduct.