The loser doesn't always pay for both. In some cases (well, many actually), or at least in cases where party A sues party B and loses, the court decides that it

The loser doesn't always pay for both. In some cases (well, many actually), or at least in cases where party A sues party B and loses, the court decides that it wasn't all clear-cut and party A was right to get a resolution through the court system. In that case both may end up paying their respective legal bills.