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In Germany, unusually even for Europe, this is solved for civil cases by assigning a fixed fee per case that lawyers and the court itself must adhere to - they
by ntauthority 6y ago
In Germany, unusually even for Europe, this is solved for civil cases by assigning a fixed fee per case that lawyers and the court itself must adhere to - they can't go below, they can't go above - depending on the claim value, usually around 5-10% of the claim itself in total for all three parties.
This is still nasty for the less advantaged individuals when faced with a claim that could lead to, say, a $10k maximum fee, but for smaller businesses any reasonable claim amount is still affordable and the "drain the other party's legal funds" tactic is practically outlawed.
- tutfbhuf 6y agoSo in Germany you actually could have a pear logo for your company.
- esperent 6y agoYes, probably. See, for example, the recent battle between McDonald's and a small (relatively) Irish fast food chain called Supermacs, which McDonald's lost. https://www.bbc.com/news/world-europe-49254551 https://www.bbc.com/news/world-europe-49254551
- xmprt 6y agoWhat about cases that require much more work than $10k could buy? If a case goes on for many months/years then it would be reasonable to expect it to cost more than a quicker case.
- sascha_sl 6y agoExcept it's not really solved. I've seen the "Streitwert" be inflated to half a million by a well known litigious video game publisher, using moon logic math. No details because the case has been settled.