Search Site
Menu
The American Rule versus English Rule

Every so often Congress and the states legislatures consider tort reform. One of the worst ideas, I submit, is proposing to adopt the English Rule which forces the loser of a law suit to pay the winner’s legal fees.

I do not expect to lose cases and, frankly, contingent fee lawyers typically take cases which they expect to be successful. (That inclination of plaintiff’s lawyers calls into question the argument that the contingent fee system increases the number of frivolous cases.) Can you imagine, however, sitting down with a working man or woman who contemplates bringing a lawsuit only to be told of the potential of having to pay a defendant’s legal cost. That goes on in Britain. It most assuredly has no place in America. Nevertheless, the Manhattan Institute for Policy Research, a conservative think tank is at it again. On December 11, 2008, it published a detailed ‘Civil Justice Report’ entitled ‘Greater Justice Lower Cost: How a ‘Loser Pays’ Rule Would Improve the American Legal System.’ This Draconian proposal needs a rebuttal. My next blog will address the folly and unfairness of a loser pays approach.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I had a wonderful experience working with Robert Feinberg and Colleen Santoro. I never once had doubts about how my case would be handled. I knew I was in great hands with both of them. I was always informed and felt confident in their ability to re...

    Read more

    Betsy Rose

  • google
    5.0/5.0

    This firm is great! They negotiated a settlement for us after another firm told us we had no case. The whole process was quick and easy. Colleen was so easy to work with and very responsive.

    Read more

    Ellen Carita

  • google
    5.0/5.0

    Highly recommend this firm! Colleen Santora was my sister's attorney for her motor vehicle accident. Colleen was always responsive and answered all our questions. She was transparent and put 100 effort in the case. She very knowledgeable. I would re...

    Read more

    Warda Khurram

  • google
    5.0/5.0

    My wife with our dog crossed the street when was hit by a car. Our attorney Alexis Cahill was professional, knowledgeable and reliable. We had good communications with her all the time while my wife recovered from her injuries. We are completely sati...

    Read more

    michaelvideohere

  • google
    5.0/5.0

    I got chance make car accident (it's not my fault). Before I didn't have any accident like that one. I choose this agency accidentally due to it's location was convenient to my job. I was surprise (good surprise) that agency lawyer (Colleen Santora) ...

    Read more

    Anatoly Gorbatchev

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form