Re: your opinion on an ethical issue

["A. Joseph Ross" <lawyer@attorneyross.com>]

On 9 Jan 2002 at 21:17, Scott Saloway wrote:

> The only way any family member could bring a claim against the newspaper
> for publishing a picture taken: a. in a public place and b. for a
> legitimate news purpose is if the picture somehow slandered the kid. The
> Globe may be sloppy, and publishing the picture itself proves how sloppy
> they are, but unless the caption said that the kid did something he
> didn't, the paper is fully protected. 

Yes, and since they haven't filled the position of Ombudsman since it 
became vacant sometime last summer, we can't even complain there.
 
> That said, nothing would stop anyone from suing the Globe for any reason.
> That's your right, if you want to waste your money and have your case
> thrown out the moment it gets before a judge. It's the American way!

There are a couple of things.  There's a law in Massachusetts which 
provides that if you are represented by counsel bring a claim or defense 
in court which is wholly frivolous and not advance in good faith, you can 
be ordered to pay the other side's attorneys fees.  There also are court 
rules providing for sanctions against a lawyer who takes such a case.  
They aren't invoked often, but they are invoked, and sanctions are 
imposed.



-- 
A. Joseph Ross, J.D.                           617.367.0468
 15 Court Square, Suite 210                 lawyer@attorneyross.com
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