Bullying For a Living

John Stossel reports:

When the lawyers make a killing in the name of "protecting the people," they give a piece of that money to the attorney general's political campaign. Somehow that is not considered a scandal. The businesses that pay may have done nothing wrong. Once an attorney has rounded up lots of complainants, it's not hard to terrorize companies into settling. They could fight and maybe win, but that distracts managers from what they ought to be doing. And they might get a bad jury and lose the entire company. It's safer to settle. Our legal system invites lawyers to act like bullies. Only in America can I sue you for dubious reasons, force you to spend thousands of dollars on lawyers (not to mention the psychic costs — the anxiety and lost sleep that lawsuits create), and when a judge rules that my claim is bunk, I don't even have to say "sorry." I can blithely move on to sue someone else. In other countries, I would have to pay your legal fees to at least compensate you for some of the financial damage I caused. "Loser pays," it's called.

The trial lawyers have even gamed the language. They call "loser pays" the "English Rule," as if it's some weird British law. But it's not. It's really the Rest of the World Rule. America is the odd man out because we rarely punish litigators who misuse force.

Litigators fight for a living, day after day. Practice makes perfect. They get good at winning. Because of their clout, "loser pays" never gets though the legislature.

You'll want to read the whole piece.