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Notes -
What’s the advantage of this over ‘loser pays’?
Personal injury lawyers would take a haircut, but I think that’s a good thing. The ghetto lottery should be harder to get.
To the extent that more expensive lawyers are actually better at winning cases, it reduces the role of raw monetary advantage in deciding who wins.
To the extent that the costs of defending a suit are comparable to the costs of prosecuting one, it reduces the effectiveness of intimidation suits.
A 'loser pays' system still allows the rich to apply significant stress simply by suing someone without the resources to mount a proper defense and in some situations would even doubly screw over the defense if they lose more due to weaker representation rather than by the merits of the case.
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