Cite as: 527 U. S. 198 (1999)
Opinion of the Court
Appellate review of a Rule 37(a) sanctions order, however, cannot remain completely separate from the merits. See, e. g., Van Cauwenberghe v. Biard, 486 U. S. 517, 521-522. Here, some of the sanctions were based on the fact that petitioner provided partial responses and objections to some of the defendants' discovery requests. To evaluate whether those sanctions were appropriate, an appellate court would have to assess the completeness of her responses. Such an inquiry would differ only marginally from an inquiry into the merits. Petition-er's argument that a sanctions order is effectively unreviewable on appeal from a final judgment suffers from at least two flaws. First, it ignores the identity of interests between the attorney and client. The effective congruence of those interests counsels against treating attorneys like other nonparties, since attorneys assume an ethical obligation to serve their clients' interests even where they might have a personal interest in seeking vindication from the sanctions order. See Richardson-Merrell Inc. v. Koller, 472 U. S. 424, 434-435. Second, unlike a contempt order, a Rule 37(a) sanctions order lacks any prospective effect and is not designed to compel compliance. To permit an immediate appeal would undermine the very purposes of Rule 37(a), which was designed to protect courts and opposing parties from delaying or harassing tactics during discovery, and would undermine trial judges' discretion to structure a sanction in the most effective manner. Finally, a Rule 37 sanction's appealability should not turn on an attorney's continued participation, as such a rule could not be easily administered and may be subject to abuse. Although a sanctions order may sometimes impose hardship on an attorney, solutions other than an expansive interpretation of § 1291's "final decision" requirement remain available. Pp. 203-210.
144 F. 3d 418, affirmed.
Thomas, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion, post, p. 210.
Thomas C. Goldstein argued the cause for petitioner. With him on the briefs were Jonathan D. Schiller and Teresa L. Cunningham.
John J. Arnold argued the cause for respondent. With him on the brief were Carl J. Stich and Shannon M. Reynolds.
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