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Frightening Loser Pay Rule in Idaho

Tuesday, February 14, 2017By Richard Alexander

The legal community in Idaho is deeply concerned about a potentially dangerous change to their civil court system. The Idaho Supreme Court is on track to implement a “loser pay” system. This means that if you lose a court case, you would have to pay for the other side’s attorney fees. This nearly unprecedented stance with pro-corporate interests has many people in the Idaho legal community very concerned. Additionally, personal injury lawyers across the nation are also worried about potential implications and consequences with the implementation of such an unfair rule.

The Loser Pay Rule

According to the Idaho Statesman, the Idaho Supreme Court’s 3-2 ruling sent the local law community into an uproar last fall. Potentially being liable for somebody else’s legal fees could be a serious deterrent to bringing a lawsuit against a negligent party. As if there aren’t already enough pro-business barriers to brining a lawsuit against unjust corporations. This type of legislation could mean justice, and a day in court, simply won’t be available to those who can’t literally afford to pay for it, whether they win or lose.

Fairness in The Justice System

Traditionally, each side pays for their own legal fees, and implementing this kind of rule will only further keep justice and a fair trial out of the hands of those who need it most. Only those corporate interests with deep pockets will be able to afford to potentially file or fight a lawsuit and take a case to court. It’s important to note that this isn’t just about who is going to foot the bill for attorney fees. It’s about inhibiting legitimate victims from taking their rightful legal action. It’s about deterring those who do deserve a day in court from pursuing one.

Justice for Victims

While concerned members of the legal community in Idaho are fighting for a chance to change the law before it goes into effect, personal injury lawyers across the nation will be following the situation closely. Holding dangerous corporations and individuals accountable for their dangerous and negligent actions is an essential part of the justice system. Alexander Law Group, LLP is always ready to answer questions and share the results of our research and experience with the public. Our goal is to make a difference for our clients and our community.

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