chibul
Basically under my "revised" scanerio what I am saying is that if you take a weak case to court and you loose you have to pay the other parties legal fees. This would eliminate frivolous and weak lawsuits, but it would also mean potentially less lawsuits which is why all the lawyers in this forum are going nuts.
NO NO NO NO NO. For the thousanth time, NO. First, I'm the only lawyer going nuts, and I WANT few lawsuits. What I don't want is a chilling effect on access to the courts that is NOT related to the legal aspect of the case: what are the facts, and how do they apply to the selected legal theory. These are very very different concepts.
Right now, the parties control their destiny. I choose to sue you, I have to factor in my costs against any award I might get. You have to account, in your actions, what it might cost to continue to fight me. This is how virtually everything works in life. Nothing new. What isn't good is to have me having to forecase what you might or might not spend in an action. It isn't up to me to control.
The lawsuit against me for $10,000. There's no reason why I couldn't just show up present my side, the other party presents their side and the Judge makes a decision that's binding. This case could have been over with in 30 minutes but instead it dragged on for 3 years while my legal fees mounted astronomically. That's the problem with the system.
It's not a problem with the system. It is a problem FOR YOU. Sorry, but very very different. The system works fine in thousands of instances every year, it didn't work for you. So sorry, but that doesn't mean we have to change the system.
You don't know it, of course, but you have your solution. It's that way now, you just don't realize it. You keep selecting these one or two examples (including your own, which is irrelevant in my book beacuse you are a party in the case. You're biased). For every lawsuit that ends in the scenario you paint, there are THOUSANDS - yes, THOUSANDS - that are settled amicably by the parties, are settled through mediation, or are settled through arbitration (which is your "if I had my way" scenario). Minimal costs, binding solution, and often a salvaged relationship.
Looks like you did look up Patricia McColm. She also sued Bank of America and lost but Bank of America still had to pay $27,000 in legal expenses, so explain to me how that is "winning". In the current legal system even if you win you loose
Again, the ONE example that illustrates your point, ignoring the thousands of examples that don't.
Just like the chapter I just found called "The Trouble With Lawyers" by John Stossel, from which I notice you have taken passages almost verbatim. There's some critical thinking for you. ;0 Mentions McColm, the "luxury cars"... just about every comment or argument you've made has come from Stossel's book. I read the article (actually I read it before, but it didn't click until it was fresh against your posts), and he is wrong too. Not so much "wrong" (though he does have incorrect facts in his book), but he is far too reliant on his libertarian beliefs to create a fair or credible response to the current system.
You'll note, if you had done your research (which you didn't) that his argument is a smoke screen. He's not writing an article that agrees with your points; he is using your points to make a more subtle argument, a VERY VERY pro-corporate argument. He's using your examples to further the argument that many corporations have, that is, it should be harder to bring the deep pockets into court. He doesn't give fuck one about you and your $10,000 litigation (I still can't get past how you were sued for $10K and settled for $40K...) or whether the little guy has a voice. He wants corporations to not have to be subject to lawsuits. Period.