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Even though you have decades of experience in law the fact is often those 12 people (majority without any legal experience) sitting in the jury box will decide who pays.
I see your point about about an innnocent person as a defendent being punished. But also seeing an innocent person who was wronged to be hesitant to file charges if he might be punished financially if the jury is swept over by the defendent's smooth talking lawyer.
It is not a perfect system but probably the best possible.
I disagree. competent counsel will readily take cases that have virtue. There are way too many lawyers chasing way too few good cases.