Comment by brookst
10 hours ago
That’s why there are contingency agreements. There are a lot of lawyers out there. If one of them thinks there’s a good chance he’ll win, they’ll take the case.
> Cost of litigation should be proportional to a reasonable settlement.
What you’re really saying is that attorneys’ fees should proportionate to claim size. But I don’t think that works. If I am bound and determined to take a dispute for a $3 refund all the way to the Supreme Court, why should me attorney be required to do all that work for $1 or whatever?
You shouldn't, the state should provide the required infrastructure for both sides in case one's pushing fees up severely limiting the other party's options, which is often the party that's usually at a disadvantage. Either that or regulate the activity, but we know the later tends to devolve into instruments to be abused in an autocracy.
See one could think this is exceeding the role of the state, but this is not because these things are detrimental to trust which is required in the democratic state to facilitate economic transactions and employment contracts.
What do you think is going to happen to the courts if suing over small sums is effectively free? Don’t you think a lot of people are going to bring effectively irrelevant lawsuits generating enormous cost on everyone paying for this system?
I'm sure these questions have been posed and solved already because we have it in Brazil and while the judiciary is absurdly expensive here, I assure you it isn't because of irrelevant lawsuits (https://www1.folha.uol.com.br/internacional/en/business/2024...). This is a non-issue unless you can prove that this would happen in the US.