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Of course, making the losing party pay is pointless if the losing party has no significant assets. One attorney told me that you can't, for instance, generally go after an attorney for filing a frivolous lawsuit. If the attorney can demonstrate that his client wanted to sue the attorney's pretty much protected from litigation.

The losing ATTORNEY pays. It is not the client that is admitted to the bar, and it is not the client that has the expertise to evaluate a case.

If the attorney has arranged with his client ahead of time that the client will cover costs of a loss, good for them.

And if a poor client comes to you with a good case, you represent him on a contingency basis, just as is now done. Its just your bar of "good case" has been set higher, since your costs if you lose will be somebody ELSE's $300/hr attorney, not just your own time.

Thats the way I would see it, from the cheap seats.

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