You’re a lawyer, (I believe) and thus I do not doubt you are right in what you say in your last paragraph. Good American Law; but, for those reading here who live in England, I would say that it would be suicidal advice. Issuing civil actions against people where you can never be quite sure how the case is going to proceed, and where even if you succeed and obtain an order for costs against the Defendant, (but on what basis? Common Fund?, Party and Party? – it makes a difference) the Defendant is likely to be impecunious, you will more often than not end up seriously out-of-pocket. Of course should you lose you will end up with her costs too, and being England where the State will fund the impecunious (Legal Aid), the woman will be able to litigate until the cows come home, and you (as a man) will have to fund it yourself and your lawyer, not wanting to be out of pocket, will insist on your paying his costs up front. Of course there is that pernicious modern invention (new to England at any rate) Contingency Fees, but who would touch that – a long established legal firm (200 years) round the corner from where I am, had to enter into a Deed of Arrangement with its Creditors a year or two back as a result of dabbling in that, and would otherwise have gone Bankrupt which would have meant that all its Partners would have been ‘struck off’ as being unfit to practise law – by reason of their poverty.
Well-loved. Like or Dislike: Thumb up 18 Thumb down 1
Buddy Guy July 10, 2012 at 08:47
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