I get his point... but dont you think that if there was a possibility that you had to reimburse charge incurred by the other party in the case you lose in a court of law; that less stupid(and expensive to the state) lawsuit would be avoided?

People are quick to sue... too quick. If there is a possibility that you will have to pay in the case you lose maybe that would makes most people think before they call there lawyers. If you are sure that you're entitled to compensation before of gross negligence then go for it you won’t lose.

The case he is taking about is when there is a jury evolved, where evidence is sometimes held back because of the criminal investigation wasn’t done well or whatever the reason. The complexities of a criminal case are not the same as in a civil case and that is why a jury is called in.

This does bring up a question... what if the accused can't afford a lawyer to defend itself? What happens, a state paid lawyer comes in?