Fee-shifting seems to me like weird and unpredictable solution to a general problem in law, it's so expensive. It's a big part of what makes legal blackmail wor

Fee-shifting seems to me like weird and unpredictable solution to a general problem in law, it's so expensive. It's a big part of what makes legal blackmail work, and hence the worst cases of patent trolling. It's a big part of the reason so many criminal cases are settled out of court with defendants and prosecutors haggling over which crime a defendant will plead guilty to instead of a prosecutor charging a defendant with a crime who defends his innocence in court. So much of what's wrong with law is a function of the incredible cost. How is it possible that the system is such that it requires millions to hundreds of millions to defend a case.