Litigation blues

Beldar notes Glenn Reynold's comment that antiwar professors may be creating a hostile environment for veterans, and thereby subject to the kind of litigation that's become all too popular in the past couple of decades. Beldar agrees such litigation would be idiotic, but also agrees that it's the logical outcome of the "hostile environment theory".

One of his points:

In short, Prof. Reynolds may be right that more of these complaints, and possibly lawsuits, may be inevitable. Too many of my colleagues at the bar are long on zeal and short on judgment, and anyone who can pay the filing fee can get through the courthouse door.

Now, I've had this thought, and I may be all wet on this. (And I have friends who are more than happy to assure me I'm all wet on any number of topics.)

I've heard it said that the counsel for both sides in a lawsuit are also officers of the court. As such, they have certain obligations to the court over and above their obligations to their clients. One obligation, as I recall, is to act as gatekeepers to the system. They're supposed to screen out idiotic cases.

It may be this is not the case. It may be that it was a tradition, and is not to be found in any legal or ethical code by which lawyers are bound. It may even be like the Postman's Motto, "Neither rain nor sleet nor snow nor gloom of night..." – something everyone thought was the case, but which never was. If that be the case, then never mind.

On the other hand, if there's anything at all to this, I'm wondering if some day someone will manage to sue the lawyer who brought a frivolous law suit for malpractice. The theory would be that the lawyer, by failing to exercise his responsibility as a gate keeper, allowed an idiotic case to be brought, and cost the defendant the time and money required to defend it. Not to mention wasting the time and other resources of the legal system.

I have no idea if this kind of case has even the slightest chance. But if it worked, it might cause some lawyers to think about the merits of any case they're about to bring.