[Congressional Record Volume 141, Number 42 (Tuesday, March 7, 1995)]
[Extensions of Remarks]
[Pages E542-E543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                    THE ATTORNEY ACCOUNTABILITY ACT

                                 ______


                            HON. BILL BAKER

                             of california

                    in the house of representatives

                         Tuesday, March 7, 1995
  Mr. BAKER of California. Mr. Chairman, as a member of the Leader's 
Legal Reform Task Force, I rise in support of H.R. 988, the Attorney 
Accountability Act.
  In this historic 100 days of progress, among the most profound reform 
measures Congress is enacting is legal reform. The threat of predatory 
lawsuits looms over every business, organization, and individual. 
Liability insurance alone increases the costs of doing business for all 
Americans.
  H.R. 988 has three major components: a loser pays provision, the 
prevention of junk science, and new rules of conduct for attorneys.
  The loser pays provision puts a stop to get-rich-quick, lottery-style 
lawsuits where litigants have little to lose and everything to gain. 
Plaintiffs would be encouraged to accept reasonable pretrial 
settlements offers. This incentive would free up our courts for 
meritorious cases and slow the growth of multimillion dollars awards.
  The junk science provision prevents the use of so-called experts in a 
technical field by either side of a lawsuit. Both plaintiffs and 
defendants hire potentially biased experts who bring unsubstantiated 
scientific theories for the purpose of influencing the outcome of the 
[[Page E543]] case. The experts are often paid only if their sides 
wins. Our legislation lists factors for a judge to consider in weighing 
the admissibility of a scientific opinion.
  The attorney accountability rules, mandate previously optional 
guidelines set for trial lawyers. There rules require that Federal 
courts punish attorneys who engage in litigation tactics that harass, 
make frivolous legal arguments, or unwarranted factual assertions. The 
punishment is not only to deter this conduct, but to compensate injured 
parties. The court may order the attorney at fault to pay the opposing 
party for reasonable expenses as a direct result of the violation.
  I strongly urge my colleagues to support H.R. 988, the Attorney 
Accountability Act. This is the first of three bills that make up the 
Common Sense Legal Reform Act--a major element of the Contract With 
America.


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