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The loser's max liability will be what he paid his own lawyers, not what the other party paid theirs. Thus, you cannot spend your opponent into oblivion.

A better formula for what loser pays would be:

    min(what you paid your lawyers, what the other side paid their lawyers)

And what about pro se litigants?


For individuals, representing oneself pro se is extremely common.

Corporations must have an attorney, of course.

Their legal liability would then be $0. It wouldn't be worse than it is now.

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