re: Tort reform in Louisiana - you can only choose 3

I agree that loser pays is bad. For a lot of the reasons you stated. But the real reason it makes no sense is because the plaintiff rarely "loses." In a rear end accident, you'll rarely see a 0. In those cases, the defendant will always have to pay attorneys fees.

However, having the ability to include it in an Offer of Judgment could make sense. If I send you an Offer for $400k and the jury awards less, having the other side pay fees would be a great way to encourage settlement. Same would go the other way.