A Dragonetti claim is a legal charge against an individual or business accusing them of pursuing legal action without probable cause. The theory that drives the claim is the belief that the original legal action filed by the defendant had a primary goal of harassing or burdening the plaintiff. Being named as a defendant in a Dragonetti claim can profoundly impact both the reputation and operation of those named, whether they are a business or an individual, as it generally suggests unethical or malicious conduct.
Attorneys named as defendants in a Dragonetti claim face significant jeopardy to their standing within the legal community. It can damage client relationships and lead to scrutiny by licensing boards in the present and the future. Businesses named in these claims face a real risk of seeing a decline in customer trust that tarnishes their brand, as well as diminished opportunities for partnerships or collaborations. Dragonetti claims are frequently public; they capture attention from the media, and word can spread on social platforms. This negative publicity can make reputational harm even worse, regardless of whether the claim has merit or the eventual outcome.
Defending against a Dragonetti claim can be extremely costly. Legal fees and any damages that are assessed if the defendant is found guilty can add up quickly, and even defendants who are exonerated are impacted by lost time and opportunity costs, as resources are diverted from core professional or business operations.
The best way to counter the consequences of being named in a Dragonetti claim is through prompt and transparent communication with your stakeholders. As uncomfortable as it may be to alert clients, employees, and partners of being accused of malicious legal actions, taking a straightforward and professional approach is always best. Notify them of the situation and explain your position without becoming defensive or combative.
It’s also a good idea to review your existing practices surrounding legal actions to ensure that any claims you pursue are well-documented and based on both facts and strong legal theory. The more you stress ethical practices within your organization, the better.
If you are concerned about the impact on your professional reputation, engage the services of a crisis communications professional to manage external narratives and engage with the media. They will help you craft a message that will reinforce your credibility.
The litigation surrounding a Dragonetti claim requires attorneys who have deep knowledge of this legal realm. If you’d like to speak to one of our experienced lawyers, contact us today to set up an appointment.