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How about a system in which the loser pays the court costs up to the amount he spent on pursuing his cause of action?I don't think it could be as simple as that. You could run very inexpensive attacks on very complicated issues where there are deep pockets, and you would be ahead if even 1 out of 30 managed to stick to the wall when you threw it. I think judges already have a lot of developed systems for awarding lawyers fees in a broad range of cases. I would suggest just continuing that expertise over to the "loser pays" cases without any change. So the losing attorney doesn't get a bill from either party to the suit, she gets a bill from the court.R:
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