In the US sometimes the losing party does have to pay ("The British Rule"), but as you note the American Rule is the default for most situations. The British R

In the US sometimes the losing party does have to pay ("The British Rule"), but as you note the American Rule is the default for most situations. The British Rule tends to close the door to the courthouse for many aggrieved individuals and bad situations, as would prohibiting contingency fees and class actions. You haven't advocated those latter limitations but they're often fellow travelers in British Rule arguments.