Search Site
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.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
-
5.0/5.0
Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
-
5.0/5.0
While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
-
5.0/5.0
I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
-
5.0/5.0
On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
Awards & Affiliations
Contact us
