To: bigeasy_70118
The [loser-pays] rule makes weak cases less attractive to bring but strong cases less attractive to defend against.
A plaintiff who has a strong case will get paid all the sooner and at lower cost. The bottom line is that the loser pays rule would make plaintiff's lawyers even better "professional evaluators of claims" before seeking to use the coercive power of the state. Surely no one would object to that. (From Posner)
To: Bluntpoint
The present civil court system encourages and rewards flagrancy and dishonesty. With the loser paying, those who misuse the legal system would be forced to take responsibility for their actions. The honest would always be rewarded; the mendacious would be punished.
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