3 ms·

For lawyers the incentives are even worse, every time a unethical lawyer sends out frivolous claims someone has to pay a "good" lawyer to defend against them.

• prepend 6y ago
  Perhaps the Bar could set it up so that if a lawsuit is determined frivolous then the Bad pays the defending attorney’s fee. I’m trying to think of an incentive to counteract the viscious cycle of frivolous lawsuits providing benefits for “good” lawyers. I think it’s hard to fix a problem if the problem makes money for the good guys. So optimally good lawyers wouldn’t make money but wouldn’t want to avoid defending people against these suits. Maybe the Bar can have all firms contribute time from their best performers to serve and not bill, but I can expect that frivolous lawsuits aren’t apparent until after the suit is complete.