[Harp-L] Retraction and minor clarification
After receiving a few emails and thinking a bit more I decided I should have
been more thick skinned about the critics.
A quick clarification:
Losers only pay the winners legal fees in certain civil cases, usually under
statutory provisions that state what criteria must be met before the loser
must pay. Other than those circumstances each party pays their own freight.
While I don't keep up with developments overseas, it used to be (and it may
continue to be so) that under the English legal system losers pay.
The advantage of the American approach is to keep the doors to the
courthouse open.
As it is people think twice before bringing a lawsuit, if they knew they'd
also have to pay the other sides fees even fewer would bring suit. While
some may think that would be a good thing the legal system here wants ALL to
have access to the courts.
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