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The House passed legislation that would require federal judges to make attorneys who file frivolous lawsuits pay the defendants'' legal fees, but Senate action is unlikely, especially this year.

The legislation gives judges discretion over whether to impose penalties when they determine a case has no merit, and any attorney sanctioned three times would be suspended from practicing in federal courts. The current safe-harbor provision allowing attorneys to avoid sanctions if they withdraw a lawsuit within 21 days after its filed would also be eliminated.

If a judge determines the case affects interstate commerce, the mandatory sanctions would also apply to state courts. Rep. Lamar Smith, R-Texas, the bill''s sponsor, believes the bill will force lawyers to think twice before filing a frivolous lawsuit, but opponents say there is no evidence indicating frivolous lawsuits are a major problem to begin with.

According to opponents, which include the American Bar Association and most federal judges, mandatory penalties for frivolous lawsuits could encourage opposing attorneys to seek sanctions against each other as a litigation tactic, which happened from 1983 to 1993 when a mandatory sanction rule was in effect. Based on Department of Justice statistics, the number of federal lawsuits filed each year is declining.

Rep. Jim McGovern, D-Mass., says the House should addresses more important priorities, noting the House passed the same lawsuit abuse bill last year. A letter signed by the Consumer Federation of American and 11 other groups said the old mandatory sanction rule was used disproportionately against attorneys who filed civil rights claims, even in cases where the plaintiffs ultimately prevailed.

The legislation passed by a 228-184 vote.