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re: Prosecutorial Misconduct Reform

Posted on 1/19/24 at 3:33 pm to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124706 posts
Posted on 1/19/24 at 3:33 pm to
quote:

He's trying to create a paradigm that only legitimate attorney's fees
Negative, SFP.

The paradigm, which needn't be created because it exists, is one of contingency driven US tort.

For the plaintiff, it's a system akin to a free lottery ticket. The defendant, on the other hand takes on legal costs from the beginning.

None of this has a thing to do with "legitimacy" of fees. I have no idea where you picked that up. It does have to do with plaintiff risk-reward, and wanton US social litigiousness.

Posted by Indefatigable
Member since Jan 2019
27461 posts
Posted on 1/19/24 at 3:41 pm to
quote:

wanton US social litigiousness.

In a perfect world, plaintiffs bringing frivolous suits would be shot. But here we are.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425838 posts
Posted on 1/19/24 at 6:15 pm to
quote:

None of this has a thing to do with "legitimacy" of fees. I have no idea where you picked that up.

Weren't y'all specifically talking about the award of attorney's fees for the "loser" in a loser pays?

You're trying to delegitimize contingency fees in the hypothetical "loser pays" system.

But the post I'm replying to makes it seem like you're trying to delegitimize them in all scenarios.
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