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Re:Loser-Pays makes lawsuits fairer in Europe. It could work... by roel_v on Thursday October 14, 2010 @06:13PM (#1792868)
"Already, lawyers will offer to work for free unless the plaintiff wins."

In the US, yes. Not in Europe. Here in the Netherlands, it's actually prohibited by the rules of the (loosely translated) National Bar Association to take a case on a 'no cure, no pay' basis.

This article is misinformed and misleading. The legal culture is very different between the US and mainland Europe. The claims that are being made in the article are largely misrepresentations of what actually happens; for example, her in the Netherlands the amount a judge can (but doesn't have to, and often does only in part) award the loser to pay for the legal costs of the winner is based on a quotum, i.e. not on the real costs, but on a fictitious per-hour amount, which is lower than actual commercial rates (one notable exception is for IP infringements, where the full cost can be claimed).

Re:Loser-Pays makes lawsuits fairer in Europe. It could work... by ElliotH on Friday October 15, 2010 @07:24AM (#1794234)
Here in the UK it is incredibly common, especially with cases like injury at work. Known as 'No-Win No-Fee' in adverts.
Re:Loser-Pays makes lawsuits fairer in Europe. It could work... by iuytguyhj on Friday October 15, 2010 @12:29PM (#1795157)
It's getting less common now that local councils are actually fighting the claims.

Before suing a local council or the NHS was a guaranteed win, often out of court - so the lawyer couldn't lose and it was worth taking a no-win no-fee. Now that they go to court a lot of them are demanding the client pay a hefty insurance premium up front - of course that's not a 'fee'.