4 ms·

That rule, justified in the wikipedia article, is a double edged sword. It allows me to sue a large corporation without the fear that I'm going to run up a mill

That rule, justified in the wikipedia article, is a double edged sword. It allows me to sue a large corporation without the fear that I'm going to run up a million dollar bill because they insist on the best lawyers. Under a system where I have to pay if I lose, I'm not going to want to sue unless I'm 100% sure I'll win, as opposed to just 51% likely under the american rule. Sure, it sometimes leaves people footing the bill for the defense of frivolous lawsuits but it also enables more people to seek justice. What it is not is a flaw on checks and balances between the branches of government.

Tomte 7y ago
> It allows me to sue a large corporation without the fear that I'm going to run up a million dollar bill because they insist on the best lawyers. That does not follow. In Germany, for example, the winner is entitled to costs up to the statutory hourly rate. Which is the minimum rate lawyers may bill. If you choose a lawyer that bills twenty times as much, your opponent pays only a twentieth.
- mreome 7y ago
  Out of curiosity, the statutory hourly rate times what? Is there a limit on the number of billable hours that can entail? The cost of the "best lawyers" doesn't (always/just) mean paying one lawyer an exorbitant amount, it means paying a large team of in-house lawyers, or large legal firm, to spend thousands or tens of thousands of man hours on a case.
sarcasmatwork 7y ago
The problem here that I see, is when one party hires a lawyer to start the lawsuit and the other party some how gets a pro bono lawyer to defend them in federal court. Defense with a pro bono lawyer dont care as much as time/costs when they are not footing the bill, thus they take every chance to delay, or increase court costs to try and force plaintiff to stop the lawsuit etc. Rule 11 exists for this reason, but its rare to get pushed. (Real issue, dont ask)

Tomte 7y ago

> It allows me to sue a large corporation without the fear that I'm going to run up a million dollar bill because they insist on the best lawyers. That does not follow. In Germany, for example, the winner is entitled to costs up to the statutory hourly rate. Which is the minimum rate lawyers may bill. If you choose a lawyer that bills twenty times as much, your opponent pays only a twentieth.

mreome 7y ago
Out of curiosity, the statutory hourly rate times what? Is there a limit on the number of billable hours that can entail? The cost of the "best lawyers" doesn't (always/just) mean paying one lawyer an exorbitant amount, it means paying a large team of in-house lawyers, or large legal firm, to spend thousands or tens of thousands of man hours on a case.

sarcasmatwork 7y ago

The problem here that I see, is when one party hires a lawyer to start the lawsuit and the other party some how gets a pro bono lawyer to defend them in federal court. Defense with a pro bono lawyer dont care as much as time/costs when they are not footing the bill, thus they take every chance to delay, or increase court costs to try and force plaintiff to stop the lawsuit etc. Rule 11 exists for this reason, but its rare to get pushed. (Real issue, dont ask)