Yes, the US is actually unique in this position. It even has it's own name the "American Rule."
In every other country, the loser pays the winner's legal fees.
Yes, the US is actually unique in this position. It even has it's own name the "American Rule."
In every other country, the loser pays the winner's legal fees.
Doesn't that mean that if you have a slam dunk case you can get a super expensive lawyer just to run up costs as much as possible? Hell, could you ask your friend to be your legal representative and have him charge you a gorillion dollar in legal fees? Then when you win you split the loot?
Civilized countries regulate the rates that lawyers can charge for standard work. Also lawyers get only reimbursed for reasonable costs by the loser. Still expensive, but not absurdly so.
No because lawyer is a protected profession with regulated rates.
Unless your friend happens to actually be a legally licensed lawyer.
No. The fees must be objectively reasonable and usual and customary for the effort and level of skill required. To get fees, you must submit an itemized billing statement that gets picked apart by the other side.
It does, and it absolutely has a chilling effect in countries which don't do things this way.
Sue someone who can spend millions of pounds (for the sake of argument) on defence? Better be certain you can win... against someone who can spend millions of pounds, and probably went to the same public school as the judge.
In America, legal fees can be awarded as additional damages. We should do it more than we do. But given those two options? I'm on Team American Rule, 100%
You are making stuff up. You wont get paid arbitrary large fees, but the amount of fees usually paid for similar case.