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The other major downside of loser pays is that it makes litigation very difficult to stop once it starts - and lawyers, funnily enough, will always say that you
by arethuza 2y ago
The other major downside of loser pays is that it makes litigation very difficult to stop once it starts - and lawyers, funnily enough, will always say that you have an excellent case encouraging people to start litigation....
- SoftTalker 2y agoA good lawyer will not take a case that you are very likely to lose, and he will advise you that you have no case. I believe a judge can also admonish or censure a lawyer who brings a frivilous claim into court? Not sure how often that happens.
- anticensor 2y agoIn most implementations of loser pays, both parties pay upfront and then the winner gets refunded the fees.
- bluGill 2y agolast case I heard numbers on the lawers fees were $500000. This for a case where it was clear they would lose (3 different parties were sued and the nobody could figure out how to split the $100000 loss- that is one party spent 5x the total judgement)