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I didn't realize it before but it is the lawyer, not the expert who is on the hook for 'frivolous claim'
>>>>Significantly, the Certificate of Merit rules require only that the plaintiff attorney — not the actual expert — sign the Certificate. The requirement exposes the signing plaintiff attorney to sanctions under state law (the equivalent of the federal court's Rule 11 sanctions).<<<<
I do like the idea of holding attorneys responsible as well. I just wonder how much that will be enforced, if attorneys are in charge of determining whom to sanction.
(and my point / issue about access is that, no matter what, when you startto put negative incentives in place, you need to be careful about how the policy is crafted. By their very purpose, these sanctions will cause fewer cases to be taken -- so the question remains how to structure it so that frivolous cases are minimized while preserving access for the legit cases.)
Last edited by chicowalker; 06-04-2011 at 09:40 AM..
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