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re: Prosecutorial Misconduct Reform
Posted on 1/19/24 at 12:20 pm to NaturalBeam
Posted on 1/19/24 at 12:20 pm to NaturalBeam
quote:But it is.
That's not how it works now
Sorry, who is paying the plaintiff attorney?
Because if you claim it is the plaintiff, it obviously calls to question the financial basis for contingency. All money originates from the defendant. Again, sans contingency-based practice, we could have a legit discussion here.
The risk in our tort system is uniquely and heavily skewed to the defendant
2
Posted on 1/19/24 at 12:27 pm to NC_Tigah
quote:
Because if you claim it is the plaintiff, it obviously calls to question the financial basis for contingency. All money originates from the defendant.
Contingencies are legal and legitimate.
quote:
Again, sans contingency-based practice, we could have a legit discussion here.
This issue has already come up. That's why courts could adopt the lodestar method instead, to replace contingencies from the equation.
Posted on 1/19/24 at 12:35 pm to NC_Tigah
quote:No, it isn't. The defendant pays only what he is obligated to pay to the plaintiff for their damages and their damages only. There is no separate line item on the verdict form for attorney's fees. In fact, they are expressly not allowed by statute in most cases, including medical malpractice.
But it is.
As it it, the winning plaintiff pays her attorney out of her own pocket. The same way the winning defendant pays his attorney out of his own pocket (or out of his insurance company's pocket).
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