Who pays attorney's fees?
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Should the losing party in a civil lawsuit, such as a discrimination claim or personal injury, always be required to pay the attorney's fees, expenses, and court costs of the prevailing party? Please explain your answer.
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Solution Summary
This solution discusses if the losing party in a civil lawsuit, such as a discrimination claim or personal injury, should always be required to pay the attorney's fees, expenses, and court costs of the prevailing party. Supplemented with two articles that present compelling arguments on both sides of the controversy of who should pay the attorney.
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Please see response attached (also presented below), which is also supported with two highly informative articles attached. I hope this helps and take care.
RESPONSE:
Although some of the Conservative party argues in favor of the 'loser-pay' ideology (Olson, 1995), there are many opponents of the loser-pay reforms as well.
Let's take a closer look.
1. Should the losing party in a civil lawsuit, such as a discrimination claim or personal injury, always be required to pay the attorney's fees, expenses, and court costs of the prevailing party? Please explain your answer.
This is the present law in many countries around the world (most in fact), and whether it is a just law or should be or remain this way is a matter of opinion. For example, Olson (1995) argues that America should learn from our European neighbors and presents some compelling arguments supporting the loser-pay notion in civil courts (see some of them presented below). He also argues that it would stop some of the negative implication in the present United States civil courts. He points out the following advantages, which seem reasonable:
· By putting no price tag on the levying of extreme demands, we in this country foster terrorization on matters of substance.
· Defendants are encouraged to think they're betting the company on every case, though the resulting intense resistance makes it grueling to prosecute claims.
· Loser-pays would cool overheated demands, get concessions on the table, and curb the purely tactical use of procedural options.
· The overall terror level in the courts would go down, not up.
· And a narrowed dispute will normally be more cheaply ...
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