A bad idea? Not a bad idea? Sanctions for troll attorneys?

Seems to me that this sort of thing as well as loser pays might work pretty well... assuming fairly consistent judicial application. One potential problem--one wouldn't want lawyers to generally become wary of asserting *valid* claims. The treatment in this case doesn't seem susceptible to that abuse--it is very focussed on bad pleading practices.

A sticking point is that lawyers (even high-priced, highly edoomicated ones) can be remarkably bad at judging the relative quality of claims. There is something in the advocate's mindset that takes over and produces a "the client is right" mentality . . . perhaps helpful psychologically for zealous representation, but not good for the legal system overall. But I expect that economic penalties that made it important to refine this quality would produce a change in mindset pretty quickly.

posted by Solveig Singleton @ 7:56 AM | Patents

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