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Mental Health and Civil Litigation

Norm Pattis has a good post up about crazy litigants.  He presents a problem that, alas, might not have a solution.Everyone knows that at least 90% of pro se litigants are nuts.  They are called rabid pro se litigants for a reason.  What do you do?  Not let them file lawsuits?  Would that be constitutional?  Moral?Should judges mandate pro bono representation of pro se litigants?  How do you explain to a pro se litigant - and they all Know Everything About The Law - that some strategy is not only insensible; but it's frivolous?  Mandating pro bono would just require lawyers to proceed with frivolous lawsuits.  If the lawsuit were any good, a lawyer would have taken it.  Almost by definition, a pro se lawsuit if frivolous.  So why involve lawyers?Not involving lawyers makes life complicated for judges...continue to full post

Full post as published by Crime & Federalism on March 30, 2009 (boomark / email).