On the recordMarch 6, 1995
I think that it has a great deal of merit for the plaintiff as well, because the effect will be to say that if you indeed do have merit to your case, if you know that the defendant in this case is liable for a harm that has been caused to you, you know there is going to be increased pressure on that defendant to settle the case because that defendant will then be put in the position of knowing that they will have to pay the plaintiffs' attorney's fee if the plaintiff prevails. So, this is not something that is in favor of defendants as opposed to plaintiffs or in favor of corporate defendants as opposed to individual plaintiffs or individual defendants. This will have the effect of making everybody who looks at a case, looks at it carefully, makes a study of the case and understands that when the defendant takes a case into court they will have to always bear the cost of their attorneys' fees. No longer will we have a situation where we will read in the telephone books of the country, no recovery. If there is no fee, there is no recovery. In other words, there is no risk for bringing a lawsuit. There should be a risk for every party in the case. There also should be a reward for everybody in the case if they are reasonable in their approach.
Source
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