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64. Would sanctions against the attorney be proper?
At the hearing on the preliminary injunction motion, the manager denied ever having signed such a covenant and conclusively demonstrated that the copy of a signed covenant attached to the company's motion was forged. The court, on its own initiative, ordered the attorney to show cause why the attorney should not be sanctioned under Rule 11.
The attorney brought a federal diversity action against the manager and attached to the complaint a copy of the signed covenant. The attorney also moved for a preliminary injunction, referring to the attached covenant and submitting a supporting affidavit from the company's president.
A company hired an attorney to sue a former company manager for violating a covenant not to compete. The company's president told the attorney that the manager had begun working for a competitor and gave the attorney a copy of the signed covenant.
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A is incorrect. This answer refers to the «safe harbor» requirement in Rule 11, which only applies when a party moves for sanctions, not when the court acts on its own initiative. The court, acting on its own initiative, is not required to provide notice or time to withdraw the motion.
C is incorrect. Under FRCP 11(b), attorneys certify that the factual contentions they present to the court have evidentiary support, not that they are true. There is nothing in the facts suggesting that the attorney should have questioned whether either the signed covenant or the president's affidavit contained false information.
D is incorrect. There is no general rule requiring attorneys to verify signatures on documents before presenting them to a court. Rather, the inquiry under FRCP 11(b) is whether the attorney acted to the best of the attorney's knowledge, information, and belief, formed after a reasonable inquiry under the circumstances.