Comment by john01dav
3 hours ago
This just means that there's pent up demand for litigation that is currently left unfulfilled because it's too expensive. Or, equivalently, many people think that they have been wronged and must simply take it, due to litigation being the only option to enforce that issue while litigation is too expensive to be affordable to them, or more expensive than the cost of the dispute (so, in effect, scamming people out of small dollar amounts is legal since the cost of enforcing one's legal rights may be in excess of the cost of the dispute).
Imagine what would happen if we made it cheaper, as happens very frequently when some other good or service becomes cheaper? Usually the provision/manufacture has some advancements that make it much more scalable, and often less involved, resulting in a lower cost, and sometimes but not always lower quality. So, for litigation? We'd get lower cost, via some more efficient¹ system², maybe lower quality depending on how we make that system more efficient and this may or may not matter in any particular case, and then those people who think that they've been wronged suddenly have an avenue to address it. Overall, this seems like a strong positive to me.
Now, what if people start enforcing frivolous legal rights? Repeal or reform the law that creates the right if it' s so bad. What about people dragging others into court in bad faith? Well, we just streamlined the bureaucracy and took a buzz-saw to the costs, so is it hard to defend against? Perhaps not. Making that perhaps a certain reality would be a good goal of such reform methods. We already allow people with more money and systemic literacy to bully people in this way, and this is a large part of litigiousness in our society now, so this strategy becoming ineffective may reduce it substantially and thus ironically make litigiousness less intense in at least some cases.
1: one proposal off the top of my head (so it may be terrible): sending written documents to a judge with LLMs helping lay people write and refine them, or a cheaper-than-a-litigation-lawyer expert human review service, perhaps, then the judge rules on their own schedule asynchronously for civil disputes without any heavy procedure to deal with.
2: another proposal is to remove law school/JD requirements to obtain a law license, but keeping a rigorous test in place and maybe some less-intense character/background checks, to lower the pay of lawyers
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