Originally Posted by abelenky (Post 675823)

I am not a lawyer, but its clear to me why your #1 is flawed.
Consider this somewhat common scenario:

Small guy gets screwed by big corporation, intentionally or not, and sues.

Big corporation buries him under a mountain of paperwork, discovery, and legal motions.

Even though small guy and his small time attorney have a fairly reasonable case, they end up losing, perhaps on something as small as a technicality.

Now I ask you... is it really justice that the small guy is on the hook for all the legal fees of Mega-Corp and their army of attorneys? It would personally bankrupt him, even if he had a fairly reasonable claim to begin with!

That does not seem like justice to me. I want to know that I could bring a reasonable case, and even risk losing in court, without destroying my entire financial future.

Originally Posted by Winged Wheeler (Post 675697)

Easily understood, easily enforced. I'd be interested in hearing why these aren't a good idea.

WW

Originally Posted by Convairator (Post 675933)

I agree with your idea, however, there are counterpoints to make your point 3 unjust

Example. Jorge has a large lawnmower worth $9,000 in his garage. The lawnmower is stolen, and Jorge believes his neighbor Victor stole the mower. Jorge calls the police, informs them he believes Victor has the mower. Neither Jorge nor the police can find reasonable cause to search Victors home. Jorge breaks into Victors garage, takes the mower back, and goes to prison for breaking and entering.

Jorge's family depends on the mower for income, as he is a landscaper. Jorges wife sues Victor for damages to cover lost income, bills, grocieries, etc.

May this be just cause? One certainly might think so?

Originally Posted by Winged Wheeler (Post 675697)

1. In civil litigation, the loser is responsible for all legal fees.

Originally Posted by Winged Wheeler (Post 675697)

2. In civil litigation, the attorney may base the fee on awards for actual damages only.

Originally Posted by Winged Wheeler (Post 675697)

3. Persons in commission of a crime, and their relatives, dependents, etc. may not recover any civil damages.

Originally Posted by rickair7777 (Post 675970)

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.