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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.

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