Even Marshy gets one right once in a blue moon.

 

I save my good stuff for people around me, instead of the internet.

 

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?

 

Sorry, I was off by one - 7th Amendment is the right to a jury trial in civil suits. Same argument as before, though.

 

If you really want to make somebody miserable, and you've got the money, all you have to do is sue them. Talk about putting them through mental and financial hell.

 

even with that in hand it doesn't interfear with the right to a jury trial. Just becuase oyu have to pay if you are at fault doesn't mean you can't sue anyone does it?

 

That's how the courts have interpreted it. Makes sense to me - legal bills in a case can range from 3 grand to hundreds of thousands. I don't even have an extra 3 grand sitting around, so if I have to pay costs if I lose then I can't file suit unless I'm 100% sure I'll win, and there's no such thing as 100% confidence in the legal system.

 

and if i had a 3K lying arround i would be able to sue you and ruin you and that you think is better then to make sure that before you sue someone you will win?

Are you a lawyer?

 

WHAT? wutdaf...

 

Actually, you wouldn't be able to sue me and ruin me because although I'm not a lawyer, I should be in about 3 months. I'm studying for the bar right now. My legal fees would be nothing and even if you won you wouldn't get anything - my debts already exceed my assets, so I'd just file bankruptcy and get rid of your judgment.

I do think it sucks that someone can sue you with a potentially meritless claim and cause you to incur legal fees, but I am willing to endure that possibility in order to allow access to the legal system. Additionally, there's an aspect you haven't thought of - most attorneys shouldn't want to bring bullshit claims like this guy and his stupid pants because when you lose you're out your own expenses. The attorney in this case had to file a complaint, briefs, paperwork, etc. and go to deposition and try the case just to not win anything. He has wasted who knows how much time on a stupid ass case - if you figure a reasonable attorney's salary as $100 an hour (which is probably low) he probably lost $10,000 or so by taking this stupid case and losing. That's why most (emphasize most) attorneys won't waste their time with stupid b.s. lawsuits.