In American negligence cases, if the plaintiff is successful, the plaintiff’s attorney receives a contingency fee, i.e. a percentage of the damages awarded. The contingency fee essentially means that the defendant is paying the plaintiff’s attorney fees. But, if the defendant is successful, they still have to pay their own legal fees. In almost every other democracy, the English Rule is followed, by which the losing party pays both sides’ legal fees.
1. Do some research on this issue – both pro and con.
2. Discuss – should the U.S. adopt the English Rule to cut down on frivolous lawsuits? Why?