THE DECEPTIVELY SIMPLE RULE 11 SIGNATURE REQUIREMENT

Abstract

Federal district courts may sanction lawyers for misconduct in litigation under several of the Federal Rules of Civil Procedure. But, of all the rules lawyers may be sanctioned for violating, none approaches the prominence of Rule 11, which is often the focus in sanctions controversies. At the heart of Rule 11 lies the requirement that an attorney of record sign any pleading, motion, or other paper filed with the court. Indeed, signing a pleading, motion, or other court paper in federal litigation is a significant act. Yet, lawyers often sign court documentswhether by hand or electronically-without considering the significance of that act or its ramifications. They too often treat the act of signing a pleading, motion, or other paper as a rote task when, in fact, they should pause at least briefly and reassure themselves of the validity of the factual and legal contentions in the document. The Rule 11 signature requirement also has several nuanced aspects that lawyers may not recognize. This Article trains a lens on the Rule 11 signature requirement with a general focus on lawyers' conduct.