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Discuss issues related to government, politics, and law.
2 posts • Page 1 of 1
Now we all know the just-us system is f***ed. In the criminal system, you can’t have white-guy laws when dealing with subhuman populations, and there are specific parts of the civil system designed to screw people such as the Family Court. However, parts of the civil law system still seem to function on somewhat of a common sense basis. Don’t get me wrong - even in this area, lawyers are obscenely overpaid to do what really amounts to clerical work and communicating with people, which quite frankly they tend not to be terribly good at. But the system still makes sense.
This was apparent recently in the matter of pursuing legal costs against some moron. The costs awarded were not based on actual costs, but on a schedule depending on the type of case it was, generally intended to be amount to two-thirds of the average cost. Now why should it be like this? The more you think about it, the more sense it makes.
It makes things predictable. You can decide whether to pursue a case or defend it or not, based on the likely costs. If someone hires a zillion dollar an hour lawyer, the other side rightly doesn’t have to pay for that if they lose. You can have a high-priced lawyer do everything, or you can take time off your job and do a lot of the leg work yourself, and if you win you are not penalised.
But, you say, if you are in the right, why should you not get all your money back? Because filing a lawsuit should be a last resort. You should have some skin in the game. Generally people should sort out their own problems and should only resort to litigation if there is no other course, and this rule tends to support that. So in non-politicised civil law, basic common sense seems to still apply.