Keith M. Rhinehart v. Beverly Stauffer

The trial court ordered this complaint dismissed for failure to comply with the provisions of Fed.R.Civ.P. II. The plaintiff had filed a complaint claiming over $1,000,000 damages by reason of an alleged defamation communicated about him to police officials. The trial judge dismissed the complaint after it appeared the plaintiff’s attorney had not pursued communication with his client and was unable to conduct any meaningful discussion of the case with opposing counsel.

There appear to be no legitimate reasons for the attorney’s failing to discuss the case directly with his client. Before filing a civil action, the attorney has a duty to make an investigation to ascertain that it has at least some merit, and further to ascertain that the damages sought appear to bear a reasonable relation to injuries actually sustained. This is one of the purposes of F.R.Civ.P. 11. See, e. g., Miller v. Schweickart, 413 F.Supp. 1059, 1061-62 (S.D.N.Y.1976). The failure of plaintiff’s attorney to discharge this duty, and the failure of the plaintiff to take affirmative steps to advise the attorney of such matters, rather than relying upon friends to convey hearsay information in a casual way,…