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Old 03-05-2009, 07:59 PM
lurkingforacure lurkingforacure is offline
Senior Member
 
Join Date: Feb 2008
Posts: 1,485
15 yr Member
lurkingforacure lurkingforacure is offline
Senior Member
 
Join Date: Feb 2008
Posts: 1,485
15 yr Member
Default Loser pay system would help

Yes, it's touchy. But if the US would go to a loser-pay system, where you have to pay the defense's costs if you lost, would go a LONG way to eliminating a LOT of the frivolous suits. I understand the problem, with many thinking someone should pay, and pay dearly (indeed, they should never have to work again!) if they so much as stub a toe on a sidewalk, yet left unchecked, we all know where that would lead.

But with loser pay, well, now, they can still have their day in court, they just have to be willing to put their money where their mouth is, up front. I even think perhaps the lawyer filing the suit should maybe have to chip in for those potential defense costs in the event he loses the lawsuit, it would really make that lawyer think a lot more carefully about the merits of his/her case before he/she filed it. Germany has this system and it has apparently been very successful in cutting down on the frivolous lawsuits. One frivolous lawsuit, and most small businesses here in the US are out of business.

Of course, I can't see this ever happening, what with the law schools graduating thousands upon thousands of lawyers every year with no end in sight. I guess that's no different, though, than the medical schools pumping out thousands upon thousands of doctors every year, though, huh?
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