The American rule is that each party pays his/her own attorney fees unless there is a specific provision in the law or in a contract that shifts fees. It is common for divorce statutes to allow fee shifting so women (originally) were not taken advantage of because the husband controlled the finances. An argument why the American system is better is that it allows poorer citizens to file lawsuits. At first glance, that may not make sense. But-if you're hit by a drunk driver and the insurance company won't settle, what are your options if you're faced with the possibility of paying the insurance companies fees? That's the logic of our system. Since personal injury cases are tried on a contingency fee basis, a poor person can afford to sue. On all this stuff about trial lawyers--who are they anyway? I'm an attorney who represents a county in the southwest and I go to trials, so am I a trial lawyer? We only hear about the frivilous lawsuits--like the 59 million dollar pair of pants. But what about the cases like the one I arbitrated last week where a 73 year old woman was rear-ended and required back surgery and the insurance company would only pay $25,000? Whatever a trial lawyer is, behind every trial lawyer is a client who hired the lawyer. I think all this outrage should be aimed at the insurance companies who take our premiums and then don't pay claims or raise our rates if we dare to make a claim--even when we were not at fault.
2007-06-19 12:32:38
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answer #1
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answered by David M 7
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The same reason many common sense issues cannot be resolved with our legal system. Many politicians are lawyers themselvs and still closely tied to legal fims, big business or lobbiest. They would loose money, because less people would be sueing, and as it is now, the lawyers make money win or loose
We need to start voting people out of office to create a citizen enforced term limit. Politicians have forgotten they are in office to serve us. Not the other way around!
(I'll get off my soapbox now :-)
2007-06-23 19:09:43
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answer #2
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answered by imaaden 2
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The loser always pays, even if they win!
People don't sue generally unless you have deep pockets, and no lawyer is going to take a case on contingency unless he has a pretty good chance of winning, and there is some money at the end.
Most, if not all, large judgments you see in the news are almost always knocked down BY A JUDGE, not the jury, to almost nothing.
I believe people that harm you and your health deserve to be sued. If we could sue more of them some of this pillage of other humans would stop!
2007-06-19 19:14:46
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answer #3
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answered by cantcu 7
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It is our responsibility to understand laws that apply to our country/ies, and how these laws are implemented by our government/s. Choosing to ignore that responsibility can have the end result/s of a high price to pay in more ways than one. Getting involved and taking action, is key. Frustration and anger are not answers, but good motivators. Becoming involved with a legitimate argument, that is sound, with fact/s in their proper text, can create reasonable considerations, for change, in every ones future...not necessarily with speedy result/s, but result/s just the same.
The question therefore, becomes one of who is willing to use their effort/s enough to make some difference. That's my opinion, thanks for asking.
2007-06-19 19:46:42
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answer #4
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answered by lostrebelchild 4
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Simple: If you aren't bright enough to sue for your attorney fees, then too bad! Also, the court decides what is recoverable as attorney fees, and it is usually less than 1/3 of the actual bill.
2007-06-19 19:10:54
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answer #5
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answered by cyanne2ak 7
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To many in congress are or are beholding to the trial lawyers... Shoot there's even one of those scum bags running for President.
2007-06-19 19:18:06
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answer #6
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answered by lordkelvin 7
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Because trial lawyers have too many friends in politics.
2007-06-19 19:05:51
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answer #7
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answered by GOPneedsarealconservative 4
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Why don't some people learn to write in proper English, you know, using capital letters and punctuation marks in the right places?
2007-06-19 19:12:06
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answer #8
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answered by rico3151 6
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Not true. As 95% of Civil Suits are settled out of court, Fees are a normal part of the "Settlement Agreement".....
2007-06-19 19:08:08
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answer #9
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answered by Ken C 6
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