Attorney Accountability Hearings Before the Subcommittee On Courts And Intelle
Attorney Accountability Hearings Before the Subcommittee On Courts And Intelle
United States Congress House Committee On the J
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It is a separate area to be reformed. There are certain reforms in the current package which also address it. But loser-pays can be achieved separately. I think Alaska would be an example of a State that has contingency fees and loser-pays. Mr. Hoke. My concern about loser-pays is that it really is only loser-pays in certain situations where the loser can afford to pay and that where the loser cannot afford it you are not going to have it. Mr. Kritzer, you seem to suggest in your testimony that... the loser-pay rule frightens people with good and bad cases both. And I wanted to read some quotations from you about how people with both good and bad cases felt the loser-pay rules worked in Ontario. Quote, "It is often a major consideration in prompting courthouse steps settlements. " Quote, "Fee shifting forces people to be more re- alistic about what they want to accomplish. " Quote, "The cost sys- tem discourages frivolous litigation. " And, quote, "If the case is weaker than it might be, I might be more likely to settle that case because opposing parties costs are often — are another important factor in the calculation.
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