By Joanie Bentz, M.Ed., LBS, CCBP
Recently, I have been working with a female client, “Elena,” whose long-time “friend” is pursuing her through the legal system in continual, calculated serial litigation.
Elena and “Julia” were friends since childhood. They shared the same interests. Elena was easygoing, and Julia was quirky and frequently moody.
Eventually, when Elena was happy with her life and working in a field she enjoyed, Julia began to pull away. She didn’t call as much and didn’t share information as before. Elena noticed — it was not a dramatic falling out, but a gradual shift in the relationship. Julia seemed to be unhappy that Elena was happy.
Julia ignored the requests to have a heart-to-heart conversation about this mysterious problem. Calls turned into texts only. Julia was terrifyingly polite, almost like a robot.
The breaking point
The breaking point was not a crime; it was a borrowed van.
Julia owned a van, which Elena asked to borrow so she could move some items. Surprisingly, Julia agreed.
While Elena had the van, she somehow lost two hubcaps. She did not know if they fell off or were stolen. Elena was very apologetic and offered to pay for new hubcaps.
Julia told Elena she was irresponsible. The next day, she drafted a letter requesting payment for the hubcaps within one week. Elena didn’t know why her friend was acting so formal, as if they were strangers.
Then, Elena’s mom died and she was caught up in funeral arrangements. For her, the hubcap problem was on the backburner, but not for Julia.
Julia was enraged about the delay in payment, so she filed a civil suit against Elena, claiming that she breached a contract. While Elena was preoccupied by her mother’s death, Julia created a new contract without Elena’s knowledge.
When the court did not rule in Julia’s favor, she filed another suit, this time with “text” evidence of Elena’s admission of guilt about damaging property and not paying. When that suit was not resolved in Julia’s favor, she filed motion for summary judgment on other minor issues.
Needless to say, Elena’s life unraveled and her bank account was drained as Julia continued to pursue “justice.”
Vexatious or serial litigator
A vexatious litigant (also called a serial litigator) is someone who repeatedly files lawsuits that lack merit, often continuing despite dismissals, sanctions or court orders. According to the Cornell Legal Information Institute, vexatious litigation is “a legal proceeding that starts with malice and without good cause” and is “meant to bother, embarrass, or cause legal trouble.”
Accepting “no” for an answer
Courts are designed for negotiations and dispute resolution. And let’s face it, time is money — court costs, attorney fees and other expenses. Litigation is also time-consuming and emotionally draining. Going to court is a risk, because the law may not be on your side. Usually, an emotionally regulated person will have the perspective to accept “no” for an answer and move on with their life.
Not all frequent litigants are vexatious. Some legitimately pursue valid claims through proper channels, but rarely do individuals habitually escalate litigation repeatedly and to higher levels. Most people know when enough is enough.
But what about that person that continues to litigate after being told “no”?
Behavioral characteristics
Forensic Psychiatric Associates identifies characteristics of a serial litigator:
- Frequent counsel changes — Often switching attorneys (multiple times) due to dissatisfaction with outcomes. Some attorneys cannot follow through with the unreasonableness of the litigator and will pass the case along to another firm.
- Persistent re-filing — Repeatedly attempting to resurrect dismissed claims. A serial litigator attempts to repeat these actions to create a sense of urgency and validity. Most times these filing habits are rigid and never change.
- Inability to accept outcomes/closure — Unwillingness to accept “no” or unfavorable rulings, and often will file again the day a ruling is dismissed. Maliciously, the litigant will escalate the lies to take the spotlight off of their disordered behavior.
Other behavior patterns
Other behavior patterns include extreme conviction in the validity of their cause regardless of the monetary cost or the cost to their family relationships. They possess a frightening compulsion to obtain what they seek, which appears to darken their ability to examine the possible disastrous consequences of their actions.
Usually, the serial litigant will bully and pressure their attorneys to harass the target and their counsel to provide frivolous case-related information. This wastes time and inflicts punishment on the target.
Often, serial litigators do not solve problems on their own because they do not have the skills to do so, nor do they have the desire. They need formalities and third parties to make their grievances appear legitimate.
What is their motivation?
Strategic and psychological motives drive serial litigators to such cruel and self-seeking behavior as:
- Punishing their target for perceived offenses or even pathological envy. This often happens in custody cases, where a parent will not allow the other parent reasonable custody time.
- Revenge obsession for perceived wrongs while using and abusing the courts to do the work of exhausting the target monetarily and emotionally.
- Financial pressure by forcing settlements through economic strain.
- Attention-seeking by gaining recognition or validation through legal battles. They may attempt to appeal trial court decisions to the highest judicial levels.
- Control and power through using the legal system to dominate their target. This may be the only way they can feed their ego and sense of superiority.
- For financial gain, especially in cases where the litigator continues to exhaust all financial resources. Serial litigators tend to spend beyond their means to project an image of wealth and luxury.
- They desire to have their self-imposed victimization witnessed on the stage of litigation. Their fantasy is that “others” will sympathize with their suffering and offer vindication and redemption.
Mental health issues
Sometimes, according to Work Trauma Services, these situations escalate to violence against the target. So, do serial litigators have mental health issues?
Most people with mental health conditions do not become vexatious litigants, and not all serial litigants have diagnosable disorders. However, research has identified certain patterns:
- Paranoid Personality Disorder traits: Investigators note abnormal and excessive suspiciousness, paranoia.
- Delusional thinking: False beliefs about persecution or obstruction by the legal system. Many serial litigators are “clinically deluded.” They will not consider that they are at fault and cannot be convinced to negotiate. They will attempt to convince family and friends that the litigation is necessary.
- Obsessive-compulsive features: Rigid, repetitive behaviors and inability to disengage from litigation—they seem to be desperately holding on to their narrative, regardless of how ridiculous and unreasonable it may be.
- “Querulous” behavior: This is a psychiatric term describing the pattern of persistent, unreasonable litigation—these individuals will even con family into believing they will receive huge settlements when all is said and done.
Narcissism or paranoia?
If the serial litigant is driven by a sense of superiority, a desire to humiliate the opponent, and a belief that rules don’t apply to them, they may be narcissists. A sense of entitlement is at play, and most likely has been since childhood. Most narcissistic behavior begins in formative years and is learned through chronically manipulating others to meet their own needs.
Read more: 10 Tactics for child custody battles with sociopaths
If the litigant is driven by fear, suspicion, and a belief that they are being targeted, they may be more accurately described as paranoid. These behaviors could be indicative of a mental health disorder such as bipolar. It seems as if narcissistic behavior is more common in serial litigation, and that most are classic narcissists, but of the malignant/dark triad kind.
Outcomes: will they ever stop?
A narcissistic litigator typically ends their campaign only when external barriers make it impossible. The outcomes are often devastating for all parties involved, which is why courts increasingly recognize the need for early intervention through vexatious litigant orders.
The most effective protection is prevention—getting a court order early that requires permission before filing new claims, rather than waiting for the harassment to exhaust itself (which it rarely does).
Financial ruin is one of the most common outcomes for a serial litigator. Eventually, court costs and attorney fees add up, and there is nothing left for litigation purposes.
Isolation and lack of self-love
The serial litigator’s harassment campaign consumes their identity. As one forensic psychiatrist noted, these individuals often believe they are seeking justice, but they are actually seeking validation they cannot give themselves.
The courtroom becomes a substitute for the intimacy and acceptance they lack, and a way to seek self-love that will never be attainable.
Once family and friends discover the serial litigator’s obsession and hyperfocus on acquisition of attention, money and drama, they will most likely distance themselves. The serial litigator will only know isolation and loneliness, which in turn will increase the risk of other mental health issues.
Julia, the serial litigator
The climax of the case between Elena and Julia came at one of the hearings when the judge asked why Julia would continue to pursue “justice” when she could have settled this privately.
The judge said to her, “You do not want justice; you just want to win.”
Julia was shocked and offended and finally responded, “I will be filing an appeal.”
For the moment, the case of serial litigation continues.
Learn more: Surviving Court when You’re Traumatized
Getting over that amazing ‘chemistry’