Without just cause.

In September 1981 I had the privilege of becoming a member of The Florida Bar. I was naive and idealistic, having not been educated as to the practical realities of our legal profession.

Twenty-three years later I feel compelled to write as I sit in a courtroom waiting for the bailiff to pull a case from a stack of no less than 100 files.

The number of cases filed in our courts is staggering; however many are lacking in just cause.

Our legal systems lacks an effective mechanism to weed out frivolous cases which unfortunately are absorbed by overworked staff, judges, and often lawyers who so casually look over the idealistic foundations of our judicial system. We pretend that certain rules of procedure will safeguard against such abuse, yet how often are sanctions imposed pursuant to Florida Statute [section] 57.105 or by striking sham pleadings? What are the downside consequences? Usually none, for so many of the unscrupulous litigants have nothing to lose; their lawyers are generally protected by the cloak of pretending to merely be advocates for their clients. I often think of the costs associated with running a courtroom to oversee countless cases which should have never been instituted.

So what is the solution?

Perhaps a system could be designed whereby retired members of the legal profession or judiciary could be retained to screen cases before they are filed. As with medical malpractice cases, the procedure could also involve some limited discovery or...