Re:Law school applications are collapsing
by michaelt on Thursday December 13, 2012 @07:12PM
(#4918897)
I read an interesting report on different European legal systems and how they deal with libel/defamation [1]
Comparing Germany to England there are many differences when it comes to libel. Germany has a civil law system while England has a common law system. German cases are decided by a panel of professional judges, while in England juries can be used. German lawyers are paid on a task based system, while English lawyers are paid by the hour. The German system needs one lawyer per claimant and defendant, for cases where English law would need three solicitors, a partner, some trainee solicitors, and two or three barristers. In the German system there are no punitive damages, only compensation.
Because of these differences, a claim with legal costs of 10,000 euros or less in Germany can cost several million pounds in legal fees in England.
How a country's legal system works can radically alter the costs of going to court.
Comparing Germany to England there are many differences when it comes to libel. Germany has a civil law system while England has a common law system. German cases are decided by a panel of professional judges, while in England juries can be used. German lawyers are paid on a task based system, while English lawyers are paid by the hour. The German system needs one lawyer per claimant and defendant, for cases where English law would need three solicitors, a partner, some trainee solicitors, and two or three barristers. In the German system there are no punitive damages, only compensation.
Because of these differences, a claim with legal costs of 10,000 euros or less in Germany can cost several million pounds in legal fees in England.
How a country's legal system works can radically alter the costs of going to court.
[1] http://pcmlp.socleg.ox.ac.uk/research/project/comparative-st...