Loser Pays

The unintended consequeces of loser pay are much prefferable to the unintended consequences of our current system.

I honestly think the one we have now is the best. If a case was truly frivolous, our system has redress for that. In Britian victims often don't bring cases up just because they can't afford to lose - which is entirely a possiblity, even if they were hurt badly. The law isn't set in stone.
 
The problem with loser pays is that Defense firms use delay tactics and try to exhaust the plaintiff attorneys funds. They attempt to snow you under with paper and never make good faith offers. What we should do is have a system where the Defense makes an offer of settlement. If they have a good faith belief that they will prevail then the court should allows for an offer of settlement that says WHY they believe they will prevail and why the suit is frivolous. Then if they prevail, they can get their fees paid. But more times than not they are playing the odds that the Plaintiff is going to go away from exhaustion. It happens with some of our cases. People will settle for far less bc they need the money or will just go away because they are tired of fighting. It's why we always call the bluff and tell them to file an offer of settlement. Then when they don't we know we gottem
 
Trial lawyers class action suits make innocent Corporations settle for 10's of millions that:

A.} distorts the price system and creates economic inefficiancies.

B.} The money is usually paid out by layoffs or benifit cuts and that transfers the money from deserving working people and puts it in trial lawyers and undeserving people who are either greedy or swindled by the lawyers.

This doesn't even consider all the BS lawsuits that regular people put out.
 
Yeah we have several Phen Phen lawyers in lexington KY in big trouble from ripping off the settlement.

Lawyers to me are a lot like guns, a necessary evil.
 
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