According to the New York Times, Texas is considering passage of a "loser pays" law that would force those who lose a lawsuit to pay the legal fees of the opponent. American jurisprudence has long used "The American Rule" [as opposed to "The English Rule"] and each party has paid his or her own legal fees and costs, with some exceptions. The American Rule keeps court access available to poor litigants. A serious consequence of a "loser pays" rule would be that many lawyers would not agree to represent injured people on a contingency fee agreement.
Professor Harold Norris, my criminal law professor in my first year, taught me a most important lesson in law school. He and several other law professors had agreed to mentor me and to critique a law review article I'd written about sanctions for bad faith pleading. This was in 1984, when the court rules were in the process of being modified. Michigan's sanctions rule, MCR 2.114, was greated modified and the federal court rule for sanctions was its model. Professor Norris was deeply concerned about the potential this change had to limit access to the courts. His words made a huge impression on me. Serious ramifications may result if US courts were to go to the English Rule.
Texas May Consider a Bill Forcing Losers in a Suit to Pay Opponents’ Legal Fees, Morgan Smith, New York Times, (March 10, 2011)
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