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re: Prosecutorial Misconduct Reform
Posted on 1/19/24 at 11:59 am to NaturalBeam
Posted on 1/19/24 at 11:59 am to NaturalBeam
quote:Certainly. ... that's how it works now. You are familiar with contingency fee basis, right? Or are you proposing we outlaw contingency practice, and commit personal injury law to time based compensation?
And let's wargame your proposal...If you want the losing party to pay the attorney's fees of the winner, then successful plaintiffs will now be awarded attorney's fees on top of their damages, right? Surely you don't want it to cut only 1 way.
2
Posted on 1/19/24 at 12:08 pm to NC_Tigah
quote:That's not how it works now. Now, a successful plaintiff gets awarded their damages based on their case, and they pay 33-40% of it to their lawyer.
Certainly. ... that's how it works now.
But you want the unsuccessful plaintiff to have to pay the defense attorney's fees (on top of court costs, experts, and jury costs that they already pay for).
So in that case, you're advocating the successful plaintiff receive her award for damages PLUS her attorney's fees. As a plaintiff's lawyer, I'd love that trade off. I can't afford to try bad cases.
Posted on 1/19/24 at 12:10 pm to NC_Tigah
quote:
that's how it works now.
Not really. Most cases do not include an award of attorney's fees. The general rule, at least in Louisiana and most other places, is that fees are not recoverable unless allowed by specific statute or contract.
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