Alan Uzelac
Volume 77, Special Issue, 41-46
Intervening in a lively discussion at the XIX Public and Private Justice (PPJ) Course and Conference, Richard Marcus, with his proverbial vigor, suddenly exclaimed: “But there has never been access to justice!”
Rick’s startling insight came in response to a presentation on the calculation of lawyers’ fees in Poland, which demonstrated that the myth of Europe’s adherence to the so-called “English” rule (loser pays: the defeated party compensates the winner’s legal costs) is fundamentally flawed. The presenter offered concrete figures showing that the “English” approach effectively applies only to minor claims, whereas in other cases, cost awards are so negligible that, in practice, the “American” rule (each party bears its own costs regardless of the outcome) governs most litigation.