Re:How my life was changed when I began caring about the peo...
by GauntletWizard on Thursday January 08, 2015 @08:14PM
(#8860159)
Loser pays sounds like a good system, and I'll admit your suggestion for amount makes a lot of sense, but what if the lawyer is working entirely on contingency, as many of these cases are?
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Re:How my life was changed when I began caring about the peo...
by WalterBright on Thursday January 08, 2015 @08:27PM
(#8860207)
The interesting thing about contingency is a lawyer isn't going to take on a frivolous lawsuit on contingency. A lawyer will only take one on that he knows he can win, otherwise it's a giant waste of the lawyer's time and money, which he won't do.
So I don't think it would be a problem.
Re:How my life was changed when I began caring about the peo...
by pandaman on Friday January 09, 2015 @01:33AM
(#8861033)
This is true if contingency lawyers only charge their regular rate. Do they really? I thought they work for a stake in the award they are going to win. Otherwise, why would anybody take a case on contingency? There is no 100% guarantee of winning a civil case so it's effectively reducing your own rate since you are going to lose* some cases eventually (* you might even win every case but some of them did not get awarded enough money to pay the lawyer's fees).
Re:How my life was changed when I began caring about the peo...
by WalterBright on Friday January 09, 2015 @01:56AM
(#8861078)
Contingency means they charge a percentage of the winnings. If they lose, they get $0. Hence, lawyers don't take on contingency cases unless it's a strong case.
Re:How my life was changed when I began caring about the peo...
by pandaman on Friday January 09, 2015 @02:32AM
(#8861164)
And if they win they might get a giant pile of money. Hence, rational lawyers take on contingency cases based on the strength of the case relative to the potential payout. A weak case with high payout could be a better option than a sure-win case with low payout. This very website is created by people who practice this strategy in investment and they seem to be doing just fine.