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Started By
Message
Make an argument against a "loser pays" judicial system
Posted on 7/27/14 at 2:08 pm
Posted on 7/27/14 at 2:08 pm
I'm sure the liberal minded among us will say it shits on the poor but I don't see it that way. There is a time and a place for legitimate lawsuits and lawyers would be willing to find those and ignore the frivolous stuff in order to make their money.
15
Posted on 7/27/14 at 2:14 pm to Cosmo
Someone could have a legitimate claim and not be able to afford the risk of losing-and you can always lose, regardless of the merits of your case.
Posted on 7/27/14 at 2:16 pm to Jim Rockford
quote:
Someone could have a legitimate claim
Yes. If it looks legit you should be able to find a lawyer willing to take on that case on a contingency basis.
Lawyer pays if you lose.
Posted on 7/27/14 at 2:17 pm to Jim Rockford
quote:
you can always lose, regardless of the merits of your case.
This is the key.
If civil lawsuits always resulted in the correct outcome, we wouldn't need to discuss loser pays. Bogus/frivolous suits are filed because the potential payoff is high. If frivolous lawsuits were guaranteed to lose, nobody would file them. Defendants would gladly go to court.
Since juries sometimes make bad decisions, it can cut the other way--someone with a clearly legitimate claim can lose and then be on the hook for legal fees on top of their existing losses.
Posted on 7/27/14 at 2:19 pm to Cosmo
quote:
I'm sure the liberal minded among us will say it shits on the poor but I don't see it that way. There is a time and a place for legitimate lawsuits and lawyers would be willing to find those and ignore the frivolous stuff in order to make their money.
Why would a tiny person ever take on any sort of corporation ever?
Posted on 7/27/14 at 2:21 pm to Cosmo
quote:
There is a time and a place for legitimate lawsuits and lawyers would be willing to find those and ignore the frivolous stuff in order to make their money.
the vast majority of lawsuits are not frivolous, and you'd be basically imposing even more costs on insurance companies, etc
Posted on 7/27/14 at 2:22 pm to Cosmo
I don't understand how supporting a broad and healthy civil court system is "liberal" in any way. It's the natural alternative to a heavy government regulatory scheme.
Posted on 7/27/14 at 2:25 pm to Cosmo
Loser pays, with no or high caps is an abomination of the judicial system.
Basically, in a case that isn't 100% cut and dry, those with deep pockets or an in- house legal team can threaten a plaintiff with hundreds of thousands of dollars to pay for their lawyers if they lose.
It's not a smart system to go towards.
Basically, in a case that isn't 100% cut and dry, those with deep pockets or an in- house legal team can threaten a plaintiff with hundreds of thousands of dollars to pay for their lawyers if they lose.
It's not a smart system to go towards.
Posted on 7/27/14 at 2:25 pm to Jcorye1
quote:this. i'm not liberal minded by any stretch but this would shite on not just the poor but most everyone else with a claim against a more powerful person or corporation.
Why would a tiny person ever take on any sort of corporation ever?
Posted on 7/27/14 at 2:27 pm to Bestbank Tiger
quote:
If frivolous lawsuits were guaranteed to lose, nobody would file them. Defendants would gladly go to court.
Since juries sometimes make bad decisions, it can cut the other way--someone with a clearly legitimate claim can lose and then be on the hook for legal fees on top of their existing losses.
these discussions always seem to create a "loser pays" system where it works like this: if the plaintiff loses, he pays. if the defendant loses, he doesn't pay. the discussions are ALWAYS heavily slanted on discussing the merits of plaintiffs' cases
90%+ of all suits are legit. you'd be imposing 40-50% higher costs (for attorneys' fees, etc), 90% of the time. that would frick defendants (especially insurance companies), and raise the costs of everything even more
Posted on 7/27/14 at 2:43 pm to Cosmo
Just because a lawsuit lost doesn't mean it was frivolous.
Posted on 7/27/14 at 2:50 pm to Cosmo
quote:
Make an argument against a "loser pays" judicial system
Pay for your own damn lawyer.
quote:
There is a time and a place for legitimate lawsuits and lawyers would be willing to find those and ignore the frivolous stuff in order to make their money.
Loser does pay in a frivolous suit. They can wind up paying quite a bit more than the cost to the defendant.
Posted on 7/27/14 at 2:53 pm to Cosmo
I advocated loser pays 40 years ago. There are no arguments against it other than self serving lawyer crap.
Posted on 7/27/14 at 2:55 pm to Zach
quote:
There are no arguments against it
LOL wut? There's some in this very thread.
Posted on 7/27/14 at 3:00 pm to Cosmo
quote:I'm trying to find an argument for one... This is just a retarded idea.
I'm sure the liberal minded among us will say it shits on the poor but I don't see it that way. There is a time and a place for legitimate lawsuits and lawyers would be willing to find those and ignore the frivolous stuff in order to make their money.
Posted on 7/27/14 at 3:02 pm to Zach
quote:
There are no arguments against it
whatever costs that you think you save will actually increase
Posted on 7/27/14 at 3:03 pm to Cosmo
There are no valid arguments against loser pays. There are only selfish arguments by an over population of lawyers.
Posted on 7/27/14 at 3:06 pm to Asgard Device
quote:
LOL wut? There's some in this very thread.
OOOOH, the poor people can't sue the EVIL corporations...OOOOH. That would be great. Might get some Biz Con going and the economy would improve.
Posted on 7/27/14 at 3:08 pm to SlowFlowPro
quote:
whatever costs that you think you save will actually increase
That has no meaning. Zach is literal. Speak in exact terms.
Posted on 7/27/14 at 3:08 pm to Asgard Device
quote:
There's some in this very thread.
There are some invalid statements in this thread against loser pays, not any statements with any merit.
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