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Understanding the In Terrorem Effect of Litigation
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<blockquote data-quote="Bolares" data-source="post: 8903728" data-attributes="member: 6790082"><p>Being a bit more serious now, I've always felt it was really strange how little (as far as I know) there is a care for accessibility to the judicial system in the US. Not acessing the system because you would not be able to afford it to me is a HUGE problem, one that puts in check the whole concept off justice in a country.</p><p>I don't know how much of it is true and how much of it is urban legend about the costs in the U.S, but in our poor "ol' roman law" country, acessibility to justice is a governing principle. You have the right for a process free of cost if you are able to prove you don't have sufficient income. There are public deffendants in most big cities, and where tere are not, there is a system where a lawyer can sign up to work for low income clients free of charge and the judcial system will pay their fees. This is a great tool for young lawyers looking to form a clientelle, and the judicial system is firm in regulating and checking for any irregularities made by those lawyers.</p><p></p><p>About the American rule thing, I can give an example from Brazil. Until 2017 our labor litigation worked very similarly to that rule. There was no succumbence fees (that's how we call it) to be paid by the loosing side to the winner's lawyer. So there were A LOT of temerary suits, where the worker would make any possible claim to see what would they win, it was litterally a case of throwing everything at the wall and seeing what sticks. With a labor law reform both sides were due succumbent fees, proportional on how much they "won". With that making temerary claims became much more dangerous, as you could end up costing your already finnacially at risk client a lot in fees.</p></blockquote><p></p>
[QUOTE="Bolares, post: 8903728, member: 6790082"] Being a bit more serious now, I've always felt it was really strange how little (as far as I know) there is a care for accessibility to the judicial system in the US. Not acessing the system because you would not be able to afford it to me is a HUGE problem, one that puts in check the whole concept off justice in a country. I don't know how much of it is true and how much of it is urban legend about the costs in the U.S, but in our poor "ol' roman law" country, acessibility to justice is a governing principle. You have the right for a process free of cost if you are able to prove you don't have sufficient income. There are public deffendants in most big cities, and where tere are not, there is a system where a lawyer can sign up to work for low income clients free of charge and the judcial system will pay their fees. This is a great tool for young lawyers looking to form a clientelle, and the judicial system is firm in regulating and checking for any irregularities made by those lawyers. About the American rule thing, I can give an example from Brazil. Until 2017 our labor litigation worked very similarly to that rule. There was no succumbence fees (that's how we call it) to be paid by the loosing side to the winner's lawyer. So there were A LOT of temerary suits, where the worker would make any possible claim to see what would they win, it was litterally a case of throwing everything at the wall and seeing what sticks. With a labor law reform both sides were due succumbent fees, proportional on how much they "won". With that making temerary claims became much more dangerous, as you could end up costing your already finnacially at risk client a lot in fees. [/QUOTE]
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