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Your email address will not be published.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

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

    Read more

    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

    Read more

    Beantownie 617

  • google
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Mitchell Petitti

  • lawyers
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Client

  • google
    5.0/5.0

    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

    Read more

    Jason Lebovitz

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form