There was a time when civil-defense lawyers in Texas advocated for tort reform because of the benefit to their clients. But as the Texas Legislature considers once again altering the civil justice system, many are changing their minds about the need for more reform.
On March 14, bills were introduced in the state House of Representatives and the state Senate that propose so-called “loser pays” provisions for most civil litigation. Two of those bills want to make the losing party — and, in one bill, the losing lawyers — responsible for paying the prevailing party’s attorneys’ fees and litigation costs, but in completely different ways.
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