[JBW]

The ABA Journal article is a recycled piece from the magazine, Business Insurance.

There are a number of reasons why the survey is misleading, including the fact that judges, as a generality, don't like to lose the discretion to impose sanctions (or not), which is exactly what Rep. Smith's bill would do.

I debunked the survey in a post on April 19th:

http://www.jonathanbwilson.com/2005.04.01_arch.html#1113905859149

[Bronco_Buster_FweetHyagh]

"The filing of frivolous suits by attorneys across the nation has made a mockery of our legal system," Smith said in a January news release. "Instead of concentrating on real cases that need timely rulings, our courts today are forced to wade knee-deep in a pool of false claims and unscrupulous plaintiffs. These suits have increased insurance premiums and raised health care costs."

I've been a lawyer for 8 years now, in southern california, and I have yet to see one single lawsuit in Court that was "frivolous." However, what I do see most often is personal injury cases that had to be filed because the insurance company representing the Defendant refused to offer a reasonable settlement.

[Viet Vet in Augusta GA]

Don't believe anything from the ABA. It is run by a clique of lawyers who are either trial leeches or ultraliberals. And, yes, I am a lawyer.

[longtermmemmory]

I think judges also want the Rule 11 control because many friends, husbands and wives are in the mega firms filing these fivilous actions.

Its their own friends.

[Mamzelle]

If there's no such thing as a frivolous lawsuit, what are our Courageous Officers of the Court so askeert of...?