Personally, I'm of the opinion that essentially patents will have to reformed in some manner. But I'm agreement with you regarding an issue concerning frivolous lawsuits, but admitted am not aware of an immediate solution. Ideally, anyone should be able to bring up a legitimate lawsuit affordable, while defending against a lawsuit should be more affordable. The justice system doesn't really seem to exist regarding quantities of money that are less than 5 digits.
Some reforms......
1) Before a case is accepted by the court, it should be vetted to verify.....
- There is a dispute of fact.
- The plaintiff has reasonable evidence which is not defeated by the defendant's. It should not be a fishing expedition.
- The plaintiff has exhausted all reasonable avenues to negotiate away the dispute.
2) Before a jury trial is granted in a civil suit, there must be a compelling reason it shouldn't be a bench trial. (Jury trials are less predictable, more time consuming, & costlier.)
3) Before filing a suit, the plaintiff must post a bond to pay the defendant's costs if the latter wins.j
A good case would warrant a lower bond cost, & even inspire a law firm to finance it for a percentage of a winning judgement.
4) A plaintiff who loses should pay the defendant's costs proportional to the preponderance of evidence. Example: If the defendant has a 60% strong cast to the plaintiff's 40%, then the plaintiff should pay 60% of the defendant's costs. This removes the amount of risk for which the plaintiff is reasonably not responsible.
5) Judges should be held to a strict standard of following the law, with severe sanctions if they don't.
6) Lawyers should be severely sanctioned for ill researched claims & misrepresenting material facts.
7) Judges should be severely sanctioned for showing up to court late.
8) Cases going to trial should be on a fast track. It should not take 3 years to schedule a trial which can be readied in 3 months.
9) If the little people can't have cel phones in a courthouse, then neither should lawyers or anyone else.