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Q: Whats this rule about 'losers paying court costs and the other attorney's fee'?

 

A: A: In some other countries, there are rules that if you bring a lawsuit seeking money to compensate you, and you lose, you must pay the other side’s legal fees and expenses. That is not the case in the United States.

Why not?
It goes back to how the ‘contingency fee’ developed over 50 years ago. There are many people who have been victimized who did not have money to hire the best lawyers around. The doctors, hospitals and big companies had powerful and wealthy lawyers who did everything possible to defeat the lawyers that went up against them. Many lawyers realized that the only way for an injured victim to hire the best possible lawyer would be to only take a fee if they were successful. This allows the injured victim to hire the best lawyer they believe can handle their case without having to pay any money out of their own pocket.

Wait a second...some people believe that the ability to bring a lawsuit, “with no skin in the game,” is the root evil of people who bring frivolous cases. Meaning that if they lose, so what? It’s no skin off their back, since they didn’t have to pay a dime. The entire risk is on the lawyer. It’s true that the client doesn’t pay anything up front. However, the lawyer must then filter out the cases that do not belong in court and refuse to take cases that have no merit. That’s the only way our system of justice works.