I agree with the notion that frivolous lawsuits have no business in our courts. These types of suits unnecessarily burden everyone by financially draining local businesses and depriving courts of valuable time that could be spent hearing meritorious cases.
Fortunately, Louisiana law prohibits the filing of frivolous lawsuits. (I am not sure if Melissa Landry — letter, “Lawsuit abuse hurts all Louisianians,” Sept. 7 — knows this.)
As a lawyer and a small-business owner with almost 50 employees, I have to make decisions that are in the best interest of our firm, which is why we employ extensive investigation procedures and legal analysis to make sure that the cases we pursue are meritorious. The letter states the definition of frivolous and makes mention that these types of cases have no basis in law or fact.
I can only speak for myself and my law firm, but I would assume that all the attorneys I know in the greater Baton Rouge area have not pursued cases that have no basis in law or fact. Besides being a drain financially and emotionally on the lawyer, if lawyers were to do this, they could be sanctioned, fined and even disbarred.
Unfortunately, frivolity can be present in every sector of society, and law is no exception. Politicians may make frivolous promises, accountants may perform unnecessary audits, hospitals perform unnecessary tests, mechanics may make unnecessary repairs, contractors may inflate bids and the list goes on.
Defending against frivolity, preserving the integrity of my firm and protecting the rights of my clients and the community is of utmost importance to me. Let us not forget that lawsuits are largely what brought about citizens getting safer cars with seat belts and airbags, drugs with adequate warnings, toys that are safe for young kids, and tons of other safety-driven improvements that citizens throughout Louisiana use daily and may take for granted.
The right to pursue litigation is an American right, and the entire legal system and the right to file lawsuits finds its origins in the Bible.
I am not going to apologize for pursuing cases on behalf of people who have been wronged and after careful investigation and analysis have a meritorious claim. As long as people and/or corporations continue to engage in unlawful, negligent and unfair behavior against others, lawsuits will continue to be a means of resolution.
It’s disappointing that every election time we hear this same refrain about lawsuits while there are clearly more important issues that we should focus on, like reducing spending, cutting taxes and protecting life and the family.