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re: Make an argument against a "loser pays" judicial system
Posted on 7/27/14 at 6:44 pm to Cosmo
Posted on 7/27/14 at 6:44 pm to Cosmo
quote:
again, if it is a cut and dry legitimate lawsuit, I still think you will be able to find a lawyer to take your case on contingency and gamble that they won't lose
I can't think of any examples but there are a lot of cases that go to jury that the plaintiff loses. These cases aren't always frivolous sometime the opposing counsel just sways the jury.
You are not gonna find a lawyer on the contingency basis that he had to pay money if he loses.
It would lessen the amount of litigation. Whether that's a good thing or not is debatable.
I think the Loser pays system has it's advantages as we'll. but you didn't ask my opinion you said give the argument against
Posted on 7/28/14 at 8:50 am to SammyTiger
Rule 11 of the Federal Rules of Civil Procedure, which most states have adopted, provides penalties for frivolous suits, including loser pays. However it seems to be little used by judges
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