Bad Faith Lawsuit: How a Wedding Photographer’s Groundless Suit Led to Atty’s Malpractice

-end wedding photographer who sued competitors in Texas court alleging a conspiracy to restrict trade should have known better than to bring the suit, a Fifth Circuit panel concluded, reversing a district court order that placed his client on the hook for the “groundless” suit. This case serves as a reminder of the importance of conducting oneself in good faith during a legal action and the severe consequences that can result from acting in bad faith.

According to Samuel Lopez, an investigative paralegal and reporter for the USA Herald, in the unpublished decision, U.S. Circuit Judges Carl E. Stewart, Don R. Willett and Andrew S. Oldham ruled against attorney William Gammon and sided with the bankruptcy trustee for his former client, who had accused the lawyer of malpractice, writing that “no reasonably prudent attorney” would have brought forth the charges, which ended up with the photographer being sanctioned, paying fines and eventually filing for bankruptcy.