The Last One Out by Victor Adams

Author:Victor Adams [Adams, Victor]
Language: eng
Format: epub
ISBN: 9781734831405
Publisher: Saltwater Press
Published: 2020-07-21T22:00:00+00:00

8 Recovering legal fees from an adjudicated case is referred to as “fee shifting”. Another option is to try and recover fees through a malicious prosecution lawsuit. Both options are sold to clients early in a lawsuit to help reduce the anxiety of paying large legal fees, the theory being that you would get your money back at the end of a successful prosecution or defense. Since 98.3% of cases settled prior to trial, most legal cases are never technically adjudicated, so neither a lawsuit or fee shifting apply. Settlements create a grey area as to who ‘won’ a case, one side could not claim to have been unfairly victimized by the lawsuit. The bar for proving malicious prosecution cases is so high that while they can be filed, as a practical matter, they are virtually never successful. The spin given to clients, after billing them to near bankruptcy, is that fee recovery stifles the ability of the common person to prevail against financially secure corporate interests. Thus, by blocking fee shifting, the legal system positioned itself as protecting its society, rather than bankrupting it. An estimated 2.7 trillion dollars in legal fees (up from 2.3 the previous year) bought the political cover necessary to ensure no meaningful reform.

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