Groundless Pleadings and Certifying Attorneys in the Federal Courts

It has never been and will never be an easy task to differentiate between an attorney's public duty "to aid in the administration of justice" and his private duty "to faithfully, honestly, and conscientiously represent the interests of his client." Over time, the differentiations seem demarcated at differing points along the continuum of conflicting public and private interests. The 1983 amendments to Federal Rule of Civil Procedure 11 concerning allegations in pleadings clearly move the dividing line in favor of the attorney's public duty. While those amendments are commendable in their attempt to shield the federal courts from groundless pleadings, they provide only an insufficient shield.