Attorney's Fees

I woke up in the middle of the night thinking about attorney's fees. How crazy is that as I don't have any legal things going on which involve other parties.

I have always advocated that in a legal proceeding that the non-prevailing party should be responsible for the other party's legal expenses, but there is an obvious problem with this as there is no contract between the losing party and the prevailing party's attorney.

It also creates an inequity as one party can hire "high powered" attorneys and the other, usually the defendant, is stuck scrambling for the best deal they can afford.

So my thought is that the prevailing party's attorney should receive attorney fees from the losing party at the rate which the losing party is paying their legal team. This would equalize the playing field and deter frivolous law suits.

I'd be interested in hearing opinions on this.

Comments

Since I can't advocate regulating legal fees in any way, my only addition to this would be to allow the winning attorney to collect the difference (if any) from their own client. Overall, I think this is a much better solution to frivolous litigation than making a subjective judgment call about what is frivolous. It would have to be solidly worded to avoid loopholes. Lawyers love loopholes and employ people for the express purpose of finding them.

Yes, it would probably take a very expensive attorney to solidly word things, LOL