Originally Posted by
rickair7777
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
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.
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.
Rickair,
I see your points but I still disagree with you on point one. The big guys bully the little guys now. The ACLU sues small communities all the time. making the loser responsible would add a much needed filter into the system. If the litigant has limited resources, the lawyer (as you say yourself) could take the case contingent upon winning or counsel against taking it to court. With many fewer silly cases perhaps the legitimate claims of the small timer would get more oxygen.
I don't disagree with any of your restrictions from point two.
WW