Originally Posted by
Winged Wheeler
1. In civil litigation, the loser is responsible for all legal fees.
This has already been covered, it would make it impossible for little guys to sue big guys. Actually the system already allows for the loser to pay the other guy's fees if the claim is deemed to be frivolous
Originally Posted by
Winged Wheeler
2. In civil litigation, the attorney may base the fee on awards for actual damages only.
I think attorneys should only be able to charge by the hour period, not on commission. They can always do pro-bono or waive the fee if they lose. They should also not be allowed to advertise except for a stndard yellowpage listing. People who really need an attorney already know it...the legal profession should not be allowed to drum up business in a predatory manner.
Originally Posted by
Winged Wheeler
3. Persons in commission of a crime, and their relatives, dependents, etc. may not recover any civil damages.
I think this is generally the case in most states. In some states you can shoot them just for being in your house or on your property, in others you need to actually be under duress. As long as its in your house and there are no survivors to say otherwise they are probably going to take your word for it.
But you have to have some reality. Store owner shoots shoplifting teenager in the back as he flees...maybe the lawsuit is justified there.