I normally think that we, as a nation, are suit happy. Also believe that ALL suits should be done on a contingency basis, the suer pays NOTHING till the settlement. No settlement, no money for suer NO money for lawyers.
Do that and the lawyers will quit taking these cases unless there is a decent chance to win.
Not only should Rolling Stone be ‘punished’, the reporter, editors and ANYONE that had anything to do with the publishing of the story should bed sued right down to their socks, if they have nothing, no problem, hold the settlement until the person has it or take it out of there estate.
That should satisfy ALL sides, especially those that say ‘I am not looking for money, just want to prove a point’....
I agree that losers should pay the fees of the winner, but the idea that all cases should be on contingency is ludicrous. Defense attorneys obviously are not in a position to take contingency cases. Plaintiffs personal injury cases generally are already on contingency, and if a plaintiff preferred to pay his lawyer an hourly rate, who is to get between two contracting parties? Business litigation cases don't usually lend themselves to contingency contracts, especially when there are cross claims. Then there are all the transactional attorneys, the guys who write the contracts and prepare real estate deals, wills, trusts, etc. There is no "fund" from which to collect for their work.
You haven't thought it through.