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In Germany a regulated system of costs exists, the amount of compensation you pay to the winning party is capped and uses a fixed hourly rate equal for both par
by zaarn 7y ago
In Germany a regulated system of costs exists, the amount of compensation you pay to the winning party is capped and uses a fixed hourly rate equal for both parties.
- nannal 7y agoSo you have the same problem, a rich person can pay over that hourly rate and have better representation and a poor person is capped at that rate.
- anoncake 7y agoNo. They can't. That's the point.
- moccachino 7y agoIn a way, but the downside to the losing party is limited. Also in (at least some of) these systems, it is not an automatic order for the losing party to pay, the court can decide to order it or not. I don't think there really is any feasible way to prevent rich people and companies to have access to more/better representation.
- zaarn 7y agoYou can't pay them significantly more, for certain court cases (especially for copyright violations) there are hard caps on a number of fees the attorney can raise. Plus you can get a significant sum of the cost paid by the state, even IF you loose.
- ambicapter 7y agoThe poor person is not "capped" by the law, but by their inability to pay more, which is the case in both systems.