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Pastimes : The Justa & Lars Honors Bob Brinker Investment Club -- Ignore unavailable to you. Want to Upgrade?


To: Jeffrey D who wrote (6559)7/4/1999 1:16:00 AM
From: Carl R.  Respond to of 15132
 
Yes, I'm an attorney, but a non-practicing one. Don't look for me to take the sides on the plaintiff's attorneys on this one. I think it is a wonderful decision. But I also think that there is really only one thing wrong with the American legal system, and that changing that one thing would fix all its ills. What we need is to abandon the "American Rule", and replace it with the "English Rule". The "English Rule" says that the losing party has to pay all the costs of litigation, including the attorney's fees of the prevailing party. In America there are very few times you can collect attorney's fees, but if it is a possibility it sure makes you more willing to work things out without going to trial.

I should add that my wife is a former litigator, temporarily retired to raise our two wonderful boys. She agrees with me on this issue even though it would mean less work because most litigation is over matters that could be settled if the parties were interested in doing so.

Carl