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You are right, if the defending party has enough money to defend, then the case will mostly be decided on the abilities/experience of the lawyers and the merits
by ta1234567890 7y ago
You are right, if the defending party has enough money to defend, then the case will mostly be decided on the abilities/experience of the lawyers and the merits of each side.
But what happens when the defendant just simply doesn't have the money to defend themselves in court?
Have you represented a client in court for free for 2 years and paid for their court fees and discovery?
You've also probably dealt mostly with relatively rational people in good faith. But when you have someone who's very vindictive or irrational, acting in bad faith and with a lot of money, it can be terrifying to be on the receiving end, and you can feel absolutely hopeless if you don't have the knowledge or money to defend.
- imtringued 7y agoThat's an interesting argument. In the "loser pays" system lawyers are encouraged to take on cases even if the defendant can't afford the legal fees. From the perspective of a lawyer an innocent defendant is basically a cash cow.