"skym" wrote in message
oups.com...

Merely that you switched from a response based on reason to onethat
was only an ad hominum attack. Not typical for you, from what I've
seen on these bbs. In my occupation ("trial lawyer") that type of
response is characteristic of the other guy/gal's deficit of logic,
hence he/she has yielded (perhaps unintentionally) the logical point.
It is a sign of a defeated wit.


An ad hominum attack? Did you mean ad hominem? Care to explain your
reasoning? If you are truly a trial lawyer you know very well illegitimate
cases sometimes win in court.



Let me ask you this; perhaps it is more enlightening: How do you
define the word "legitimate" in your original response?


I took Jose's use of it to mean "valid", I followed suit in my response to
his message.



OK. I had not noticed that comment was from you earlier, and asked
only as an afterthought. I have no strong philosophical dispute with
"loser pays" but I am generally against it based on my experience as a
litigator for over 30 years. The problem is that identified by Jose,
i.e. it really gives a huge, unfair advantage to large corporations or
well heeled clients over the little guy. Having litigated hundreds of
cases in my career, I can tell you that the well heeled clients can,
and do, overlitigate cases in an effort to wear down the other side.
Making them responsible for their own litigation expenses, win or
lose, helps keep the cost and efficiency more managable than it
otherwise would be.


As it stands now the losing side pays the costs of both sides, even when
they're right.



How would you like to litigate what you believe
to be legitimate tax case against Uncle Sam, knowing that they can
bury you financially if the particular judge you get thinks you're
wrong? Which brings us to the other problem with loser pays:
Not all cases are black and white, In fact, extremely few are. Both
sides frequently have good positions, based in good faith, on an
honest difference of opinion or knowledge of the facts. The "loser"
may have been 49.999% right. Is it correct to make them pay the other
side's legal costs for pursuing a claim or defense that is based on a
good faith belief, where the winner will only be decided by how a
majority of some particular 12 people may decide? Again, should
Parker-Hannifin or McDonalds have paid the plaintiffs' attorney fees
and expenses because they put up a good faith defense to claims that
they (and I gather, a majority of the writers on these bbs) believe
were not meritorious claims? Now there would be a motivation for the
defendants to rollover and pay the so-called "legal extortion"!


I don't see a problem there. If the loser is 49.999% right they should pay
50.001 of the winner's legal costs.