In the intense adversarial environment which is litigation, even a just claim is a risky and difficult battle. Almost anyone who has litigated a valid claim understands that a frivolous suit is pretty certain to die a quick death.
Sure, there is the occasional nut-job client who finds a lawyer to bring a nut-job claim. And there are instances where such silliness is entertained for one reason or another by a judge or jury. However, it would be dumb to make sweeping generalizations about our system of justice on the basis of its exceptions. Not that that stops some people.
There are doomsayers who, in the interest of their stakeholders and for the entertainment of their audience, rage about such aberrations being the norm. These spokespeople reason from that premise that the right of all people to due process must therefore be curtailed to save us from ourselves. Bull dingy.
Allowing all our citizens legal recourse is inevitably a flawed and very human process. Democracy is inevitably a flawed and very human process, but it has made us the greatest nation on earth. In a nation of and by the people, Joe and Jane Citizen must be guaranteed an unfettered right to seek legal redress.
Don’t fear the exaggerated claims of frivolous suits running amok in our courthouses; fear those who would limit your right to seek justice.
By: Peter G. Webb