Or, the attorney takes on the case with no hope of winning or even getting an out-of-court settlement, simply to get fees from the plaintiff - who may not even realize that he has a bad case. So my proposal is not for a 'loser pays' system, but for a 'loser's lawyer pays' system.
It's fun watching lawyers explain how this is a terrible, horrendous, impractical, unjust, unworkable, dead-brained really bad idea.
“Or, the attorney takes on the case with no hope of winning or even getting an out-of-court settlement, simply to get fees from the plaintiff - who may not even realize that he has a bad case. So my proposal is not for a ‘loser pays’ system, but for a ‘loser’s lawyer pays’ system.”
An important point is that we now graduate two or three law school graduates for every lawyer slot available. In other words, there really isn’t much to stop an otherwise non-working attorney from filing a lawsuit on the slightest chance of a settlement. Hopefully this law makes them think a bit harder.
(i.e., search Google on “Law School Scam”, to see just how bad it is now)