Trajedy at Farm Show

[Capricious]

"..So if you bring suit and lose, you pay the guys legal bills for suing. Right now you have nothing to lose with lawyer not charging unless you win..."


Attorneys will take cases on a contigency fee if there is a possiblity of a large pay-out, but if you have a dispute, say with your neighbor over a fence line, it is strictly hourly plus costs.



As for paying the winning-side's legal fees/costs, what you are proposing is called the "English Rule:"

English rule (attorney's fees) - Wikipedia, the free encyclopedia




Whereas how legal costs are handled here in the USA is referred to as the "American Rule:"

American rule (attorney's fees) - Wikipedia, the free encyclopedia



While the american Rule may seem a little harsh (each side pays their own legal fees regardless of who wins, unless otherwise dictated by contract or statute), it does have some positives.

English Rule vs. American Rule is an ongoing debate in legal circles.




By the way, dog bites reportedly constitute about one third of all liability claims on homeowner's insurance:

Prevent Dog Bites

 

[JasG]

"..So if you bring suit and lose, you pay the guys legal bills for suing. Right now you have nothing to lose with lawyer not charging unless you win..."


Attorneys will take cases on a contigency fee if there is a possiblity of a large pay-out, but if you have a dispute, say with your neighbor over a fence line, it is strictly hourly plus costs.



Prevent Dog Bites

I do understand that different cases term and conditions are different. There are a lot of lawyers who's ad's state they will take your case and not charge unless you win. Of course with other legal issues I do understand they charge by the hour or what ever terms you work out.

I just think that if people have nothing to lose and everything to gain, they will continue to sue for every little thing.

Watch TV for a while, you see all kinds of ads. Even ones that claim they can get you money for meds. The ones I'm thinking of are saying they can get you money if you have the side effects that the MFG of the meds already said were a possibility.

 

[Capricious]

"...There are a lot of lawyers who's ad's state they will take your case and not charge unless you win...."



Usually, the ads say that one owes no "fees" if the case is lost.

"Fees" do not include court costs, the expenses involved with witnesses, and so forth. So, even if one owes no "fees"
one may still be responsible for other costs arising from the unsuccessful litigation.

The contract with the attorney should specify exactly who is responsible for what expenses/costs/fees.





EDITED TO ADD: Also, a contingency contract will specify, usually, a percentage of the recovery that the lawyer retains as his "fee." One should be careful to note whether this percentage applies to the total amount of the recovery, or to the amount of the recover, less costs/expenses.

It might be a good idea to consult with an attorney before signing a contract with an attorney.