"Loser pays" would be great, as long as our system is consistent in dispensing justice. It seems like the obvious problem would be that anyone with the means to hire a Dream Team of lawyers would forever be insulated from little guys like me. No matter how good my case might be in truth, I likely couldn't afford to take the risk of losing.
Some people think our justice system already belongs to those who can afford the better lawyers. Unless I'm missing something, it seems like "loser pays" could provide some justification for that opinion.
I guess the Brits have it to some extent. If it works, I wonder how.
In this case, ACLU recovers their expenses and fees and salaries under a Federal Code intended for Civil Rights infractions.
Win or Lose.
The law should be designed not to discourage honest lawsuits but should make it quite easy to assign attorney fees in the case of a genuine dispute, and nearly automatic in the case of a frivolous lawsuit. The most important part of a loser pay system is that it not be automatic, but rather subject to judicial review. I'd also like to see the attorney fee award appealable, separate from the primary decision.