[ccmay]

Most civilized countries have a loser pays system, only way to do it and stop the greed.

I agree, that is the single biggest step, along with caps on damages. Moreover, I would make the lawyer pay 33% (plus expenses) out of his own bulging pocket. He shares in the potential jackpot, it's only fair that he shares in the risk too.

-ccm

[longtermmemmory]

actually we already have the penalties which make the lawyer equally responsible for costs. (at least on the federal level)

As for looser pays, most contracts have an attorneys fees clause. NO need for yet more law. Just include it in your agreements.

Many big corporations are requiring arbitration these days. No courts.

Actually many of the larger firms do regularly risk their own money by advancing the costs for the case. If the case looses, they loose the money. Not a good thing considering 2 out of every ten cases turn a profit.

It is hard to talk rational with people about the way things are and what causes what. What about the juries? If the jury simply said ZERO money there would be no award to split. How many FR have served on a civil jury?

Consider the recent Rosie case. Would the zero dollar result have been different before a jury of citizens? Perhaps we should also eliminate juries from civil cases. We all know how wise and unbiased judges can be.

BTW in many cases the STATE gets a piece of the punative damages award.