It would also authorize the awarding of attorneys fees if a suit is deemed "frivolous." In this way. if a farmer were unjustly accused of wrongdoing. he would be able to go to court to prove his innocence without the fear of incurring tremendous legal expenses. Furthermore. this bill would amend the Legal Services Corporation Act to enable a court to assess fees against a particular Legal Services office or attorney if that office or attorney had been abusing the legal process to the detriment of the small farmer. And. since many of these unjustifiable cases involve migrant farm workers. I have drafted another bill. S. 683. that would add a section to the Migrant Seasonal Workers Protection Act which. like my amendment to the Legal Services Corporation Act. specifically authorizes attorneys fees. In this way. Legal Services attorneys would be prevented from bringing frivolous and illegitimate complaints against innocent farmers. This bill would also require that before a suit is filed under the Migrant Seasonal Workers Protection Act. a litigant must exhaust all available administrative remedies and also attempt to arbitrate. Only after that process has failed may one sue. These requirements. similar to those set forth in title VII of the Civil Rights Act. would have the salutary effect of avoiding unnecessary and costly litigation. while at the same time refining the issues in those cases which are actually litigated.
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migrant Migrant