Document Type

Article

Media Type

Text

Abstract

The 1983 amendments to Federal Civil Procedure Rule 11, concerning sanctions for frivolous litigation papers, prompted much controversy and satellite litigation. By the latter 1980s many called for further changes to the "stop and think" rule. Amendments took effect on December 1, 1993. The new rule reduces a party's incentives to pursue sanctions because fewer types of misconduct are sanctionable. Additionally, attorney's fees are available less often even when sanctions are warranted because more public interest remedies, like reprimands, fines, orders of continuing education, and disciplinary referrals, are favored. This Article will focus on bar disciplinary referrals under the new rule. While the 1993 rule expressly invites more disciplinary referrals, it provides little guidance on their procedural or substantive guidelines. The 1993 rule is not clear on which recipient agencies are contemplated for the referrals, or when and what forms of "vigilante" discipline would be appropriate as alternatives, or supplements, to these referrals. Further, many state disciplinary agencies are not well prepared to handle a flood of Rule 11 referrals. The Article will addresses these issues, and then offers suggestions on the relationship between disciplinary referrals and other available sanctions under Rule 11.

Publication Date

1-1-1993

Department

College of Law

Language

eng

Rights Statement 2

Author(s) reserve all available rights in the Work. Permission is granted for individual digital or hard copies made without fee for use in academic classrooms and for use by individuals for personal research and study.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.