Judicial Branch

Litigation Reform

The most cost effective way to evoke litigation reform is to simply embrace the rule that the Loser in litigation pays the legal bills of the Winner in addition to paying their own. This should apply to criminal defendants as well. We have created a society where people litigate at the drop of a hat because there is no downside risk to bringing a lawsuit. Criminals are encouraged to fight every charge because there is no increased penalties for fighting the charges. Civil litigants bring suit rather than attempt to be responsible individuals and resolve their differences. Make litigation a risky proposition where the litigant stands to incur the legal costs of the other side if they lose. It will increase due diligence before litigation, it will reduce the number of frivolous lawsuits brought by people desperate to make a case (or fake a case in the example of food contamination injuries).

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Idea No. 1965