Can an attorney be held liable for continuing to prosecute a lawsuit discovered to lack probable cause?
California, United States of America
The following excerpt is from Hagenbuch v. Steel, D073394 (Cal. App. 2019):
evidence has been subject to adversarial testing, that the inferences [that would justify a favorable ruling] have proved false." (Parrish, supra, 3 Cal.5th at p. 782.) At the same time, "an attorney may be held liable for continuing to prosecute a lawsuit discovered to lack probable cause." (Zamos v. Stroud (2004) 32 Cal.4th 958, 960 (Zamos).)
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