Strict loser pays is a horrible system. It’s essentially a shield against suit for anyone with deep pockets. In Texas, we’ve done it right. If you lose a lawsuit AND it’s deemed to have been frivolous, loser pays. If you lose a lawsuit and it’s not frivolous, meaning that a trial was deemed legitimately necessary to weigh the merits, then the loser pays nothing, as it should be.
That works for me.
On top of Loser Pays, I would modify that with a contingency form of loser pays.
That ism the attorney is on a contingency whether your case wins or loses. So he gets 40% contingency if you both win, and is on the hook for 40% contingency of the ‘loser pays’ if you both lose.
Fair, after all, is fair.