How can we stop all the frivolous lawsuits?

[lundie]

Attorneys often take on cases on speculation, with no charge to the plaintiff if they lose. In some countries the plaintiff has to pay a retainer fee up front to their attorney, so there are a lot less frivolous law suits. Costs of malpractice insurance would be much less if only serious cases ever got to the courtroom.

But lawmakers are often attorneys too, or are very dependent on attorneys. So there's a conflict of interest here in controlling attorneys, when it's the attorneys making the laws.

What's the solution.?

[chen12]

Attorneys often take on cases on speculation, with no charge to the plaintiff if they lose. In some countries the plaintiff has to pay a retainer fee up front to their attorney, so there are a lot less frivolous law suits. Costs of malpractice insurance would be much less if only serious cases ever got to the courtroom.

But lawmakers are often attorneys too, or are very dependent on attorneys. So there's a conflict of interest here in controlling attorneys, when it's the attorneys making the laws.

What's the solution.?

In England, if you bring a suit against someone and lose, you have to pay for the oppositions court costs as well as your own.

[kendell]

As long as there are juries willing to hand out jackpot rulings, hoping that they, too, may someday hit the lawsuit lottery, there is little incentive to interfere with the status quo.

Everyone knows about the old lady who sued McDonald's for $106 million, because she deliberately took the lid off of hot coffee and placed it between her legs while driving. And claimed that the scalding burns were responsible for ending her child-bearing ability, even though she was already 70 years old at the time.

"A person is smart; PEOPLE are stupid!" ~ Tommy Lee Jones, "Men In Black"

(It might be from a comic book movie, but the statement was still written by a real person and it doesn't make it any less profound. People band together and agree to all kinds of stupid rules that they'd never accept for only oneself.)

[joachim]

This depends a lot on the state. Tort options also play a big factor. Many states have a tendency to side with the plaintiff. In those states tort reform is the best option.