If they have to pay the other side if they lose, there would be a lot less lawsuits, so in the end it probably evens out in terms of strain on the legal system.
If they have to pay the other side if they lose, there would be a lot less lawsuits, so in the end it probably evens out in terms of strain on the legal system.
http://www.lawdepartmentmanagementblog.com/law_department_ma...
NB My wife is a specialist commercial litigation lawyer in the UK and I had discussed this issue with her after seeing it mentioned on HN and she pointed out a lot of issues with "loser pays".
It was one of those occasions where I probably made some comment about how daft the US legal situation sounded to me and she lectured me with a long list of issues with "loser pays" - as she is far brighter than I am I probably didn't quite appreciate the subtleties other than not to remind myself not to make sweeping statements about the legal system around her...
It's more expensive to go to court.