Paul, Enjoying this series. This particular point has always bothered me but I am not an expert. You are and you have confirmed my worst fears. Anything to be done about this? I have sent it to all my lawyer friends...
The only solution to this particular problem would be the adoption of some form of "loser pays" rule (especially in cases in which large monetary damage awards are requested), according to which the losing side of a lawsuit would have to pay all or some of the costs of the winning side's incurred legal expenses. But since that reform would disrupt just about all lawyers' way of doing business today, every special interest group representing America's legions of lawyers oppose it. The trouble is that while many Americans are aware of the many problems caused directly by clearly visible over-regulation, fewer are aware of the more hidden costs of our liability rules, which are made dysfunctional by the pressure to settle lawsuits in America regardless of the merits of the case due to the absence of a "loser pays" rule in the United States.
Paul, Enjoying this series. This particular point has always bothered me but I am not an expert. You are and you have confirmed my worst fears. Anything to be done about this? I have sent it to all my lawyer friends...
The only solution to this particular problem would be the adoption of some form of "loser pays" rule (especially in cases in which large monetary damage awards are requested), according to which the losing side of a lawsuit would have to pay all or some of the costs of the winning side's incurred legal expenses. But since that reform would disrupt just about all lawyers' way of doing business today, every special interest group representing America's legions of lawyers oppose it. The trouble is that while many Americans are aware of the many problems caused directly by clearly visible over-regulation, fewer are aware of the more hidden costs of our liability rules, which are made dysfunctional by the pressure to settle lawsuits in America regardless of the merits of the case due to the absence of a "loser pays" rule in the United States.