05/27/2026
Occasionally, as you grow more experienced in your legal career, you observe younger or less experienced attorneys using terms in the courtroom that carry far more weight than they realize.
The word "frivolous" is a prime example. 🏛️🛑
In Florida civil and family law, calling an opponent's claim frivolous isn't just persuasive rhetoric—it triggers a very specific procedural track under Florida Statute 57.105:
🔹 The Safe Harbor Notice: You cannot simply file a motion for sanctions with the court out of the gate. You must serve the motion on the other side first.
🔹 The 21-Day Waiting Period: The opposing party has 21 days to cure the issue by withdrawing the offending pleading or motion.
🔹 The Filing Requirement: If they refuse to remedy the claim after those 21 days, then your motion using the word frivolous is ripe to be heard by the judge.
Throwing the word around casually can actually undermine your credibility with the bench. True legal strategy relies on knowing the administrative codes and rules of procedure inside and out. 🛡️💼