Should you have to pay your opponents lawyer if you lose a lawsuit?

[TexasTowelie]

Jim Jones, who just retired as chief justice of the Idaho Supreme Court, didn’t expect that a ruling last fall in a medical malpractice suit would cause a big stir.

The high court upheld an $848,000 judgment after a jury found a Boise physician negligently and recklessly failed to diagnose hip dysplasia in a child.

As part of its decision, the Supreme Court awarded parents Randy and Gaylena Hoffer attorney fees, ruling that the appeal by the physician and other medical providers was frivolous. At the same time, the court announced that beginning March 1, judges could award such fees to prevailing parties in other civil cases “when justice so requires,” creating a new, uncertain standard.

Lawyers worried that the threat of paying the other side’s attorneys might have a chilling effect on whether people file lawsuits. They complained loudly.

Read more here: http://www.idahostatesman.com/news/politics-government/state-politics/article126547024.html

[DeadliftnBench]

1. Seems ok.

Few more decisions should develop the standard, then a few more to tinker at the margin. Does it not seem like deciding when to award fees is squarely within the role of the judge?

Wow this is fun. I think i could get into this.