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Perspective

Jul. 24, 2012

Rethinking the 'American rule’ in California

Clearly, the current system has not helped avoid frivolous lawsuits and the system needs to adapt in the tumultuous economic climate. By Mark Wagner of Wagner Legal Group


"There can be no equal justice where the kind of trial a man gets depends on the amount of money he has," proclaimed Supreme Court Justice Hugo Black in 1964. Many say the right to recover attorney fees by a prevailing party can deprive parties of equal justice. Conversely, others say that justice is better served when fees are recoverable. Both arguments certainly have their merits, but clearly it's necessary to re-examine the current system and discuss new ...

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