Specifically in the USA, but feel free to share your status quo. We live in the internet age, doesn't that cut overhead with filing and make things cheaper?
Exactly. If you can’t afford an expensive lawyer, the US wants you to lose.
Actually, it’s not only that they want you to lose. It wants the entire system to be so expensive that you can’t even afford to go to court and lose. You have to settle, and don’t have a lot of power determining the terms.
Your best bet as a member of the 95% is a class action suit. The problem is that "enterprising" members of the 1% will take most of the winnings from your class action suit for representing you against other members of the 1%. No matter what, even if you win as a poor person in the American legal system, you've still lost
This point can't be understated. A main feature of a developed economy is a strong legal system, meant to handle business and property disputes. A strong legal system protects investments.
For example, Iran is a country with a ridiculous amount of natural resources, yet their primary exports are nuts and rugs. This is becuase they don't have a great legal system (and also they have the dubious honour of being the most sanctioned country in the world). Their government does what they want, when they want. If that means they jail you and seize all your assets on some made up grounds, then that's what happens. The legal systems in developed nations is designed to prevent this from happening. That's why it exists.
And thus the question becomes how we can craft a fairer legal system that isn't so pay-to-win, but still maintains the core principles of property rights that allows business to, ya know, happen. Sure we could do what many naïve people on the internet want and seize the means of production, but who on earth would want to start a productive business or make productive investments in a country where the government can just up and seize your assets without justification? Just as we need protection against businesses screwing us over, we also need protection against government screwing us over. Anyone who says we should just seize assets and nationalize industries willy nilly should ask themselves if they wanna risk some ghoul like Ron DeSantis being the one with the power to do that.
As to actual answers on how to make such a system that isn't pay-to-win but still maintains a stable system and rule of law, I don't actually know. I'm no expert in the legal system. But I'm sure there are experts out there who have spent a lot of time thinking about these sorts of questions and have ideas on how to improve/reform.
That’s why I get mad when I see people asking to regulate X thing.
Most of the times the regulation only helps a small group of people, and most times these are the rich folks who can afford to either circumvent or to abide by it.
There are some good answers here, but I would also note that because the legal system is adversarial, continued investment can go a long way towards a desired outcome. If you can afford a parade of experts, huge amounts of gathered evidence, and contingency plans researched and prepared by dozens of lawyers and paralegals, you'll do better in court.
It's an arms race, so the "best" lawyers have spent the most on arms. That also means that even the worst lawyers have to invest a lot to keep up.
Like any subject matter that is complex it requires someone to have specialized training to understand and navigate. We all have a working understanding of the legal system, but sometimes we need expert opinion. Few people are willing/able to master the subject matter so supply relative to demand is low.
The legal system is complex because our world is complex. We are constantly expanding human endeavors (Space law wasn't an issue until Sputnik) and changing current laws (Marijuana laws have changed in many states). It's not just a matter of learning the law once - it is constantly changing and requires an expert to be always up-to-date.
You're paying $.25 for the piece of paper and $199.75 for the lawyer's knowledge of how to file it.
There are not a lot of incentives to make things easier/cheaper. Changing government processes is slow and hard. Take immigration. It is currently a long and hard process to legally immigrate to US unless you fall into certain categories. I’ve heard politicians on both sides say my entire life that we need to improve the process for legal immigration yet little has been done.
Overall the legal system isn't nearly as expensive as people think it is. Most cases can be dealt with for a few hundred dollars or less. Especially small court claims sometimes even prohibits the use of lawyers, so the only cost ist your time + getting a few documents.
But as the complexity of the case increases so does the price. And that's because you pay for a lot of time of people with specialized knowledge. But that's true for every profession.
These cases are what people usually talk about. These are the cases that get media attention. No one talks about the small court claims between Bob and John that took 30 minutes.
Multitude of reasons, though a lot is because they like money. But other than that, there is the fact that a facility needs to be used for days or even months on end, multiple people need to be brought in, several of which have legal experience which is vital for cases, it held in a government building which adds to the cost, and there is a lot of paper work involved.