Legal expenses as a deterrent to strategic litigation brought by civil society organizations
Attorneys’ fees and other legal expenses play a significant role in shaping the decision of a civil society organization to pursue legal disputes intended to effect societal change. This paper analyzes the complex dynamics between financial constraints and the motivation to engage in strategic litigation, a practice that allows civil society actors to influence public policy through judicial mechanisms.
The paper takes a comparative approach, showing how different legal systems balance the need to discourage frivolous or unfounded lawsuits with the need to prevent barriers that block access to justice. It focuses on how their procedural mechanisms impact strategic cases brought by civil society organizations.
Furthermore, it seeks potential remedies to these barriers, exploring solutions that allow civil society organizations to mitigate the financial risks involved in pursuing cases, while also maintaining filters for illegitimate claims.
The research approach is solely qualitative, drawing conclusions from legislation and arguments found in case law and academic literature.
Keywords: English rule, risk shifting, access to justice, judicial policymaking, solvency