One of the biggest problems in the U.S. is the prevalence of litigation. Since the capacity for litigation is controlled by the legislature, which is dominated by lawyers, and the judiciary is mostly composed of lawyers, AND the regulation of lawyers is solely up to a group composed entirely of lawyers (the ABA), no amount of reform will come spontaneously.
In order to discourage ridiculous, expensive, and bothersome litigation, the US needs to adopt the "loser pays" principle. In any civil case, the loser of the litigation automatically is required to pay the legal bills of the winner. In cases of extreme hardship, a motion can be made to remove this requirement but only in EXCEPTIONAL cases. Further, if the client is indigent, and the suit is deemed to be frivilous, the LAWYER PAYS.
While there is the provision for paying fees now, it's not automatic by any means. Further, the determination needs to be made BY THE COURT and not by the parties. That will make companies think twice before launching into litigation that might not be warranted.
It's a small step since something else needs to be done about the judiciary even entertaining some of these claims. We need an active judiciary that will dismiss some of these stupid lawsuits before they even get past filing. I'm tired of teachers not being able to teach, police officers not being able to police, people not being allowed to help, and the myriad other problems occasioned by a civil system run amuck.
Then we can start on class action lawsuit reform. :|
In order to discourage ridiculous, expensive, and bothersome litigation, the US needs to adopt the "loser pays" principle. In any civil case, the loser of the litigation automatically is required to pay the legal bills of the winner. In cases of extreme hardship, a motion can be made to remove this requirement but only in EXCEPTIONAL cases. Further, if the client is indigent, and the suit is deemed to be frivilous, the LAWYER PAYS.
While there is the provision for paying fees now, it's not automatic by any means. Further, the determination needs to be made BY THE COURT and not by the parties. That will make companies think twice before launching into litigation that might not be warranted.
It's a small step since something else needs to be done about the judiciary even entertaining some of these claims. We need an active judiciary that will dismiss some of these stupid lawsuits before they even get past filing. I'm tired of teachers not being able to teach, police officers not being able to police, people not being allowed to help, and the myriad other problems occasioned by a civil system run amuck.
Then we can start on class action lawsuit reform. :|
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