>Holding parties to different standards of evidence is a horrible idea
We already do that. Plaintiffs can introduce whatever, and as long as it's plausible, defendants have to directly prove it's a falsehood or otherwise inadmissible (not just that it's plausibly so, perhaps circumstantially). Sewer service is a glaring example.
>In these cases, it would be naive to treat the plaintiffs (who I would argue are proxies for the attorneys) as the parties with fewer resources or sophistication.
You're assuming that I disagree. Pro bono/contingent/discounted hours billed would count towards "greater resources or sophistication", and while I'm sure lawyers would love to argue whether or not that's fair, I think you'd find that the Average Joe would say so. And I'd really like to live in a system which has his needs in mind more than that of Dick C. Eshahl, Esq.
We already do that. Plaintiffs can introduce whatever, and as long as it's plausible, defendants have to directly prove it's a falsehood or otherwise inadmissible (not just that it's plausibly so, perhaps circumstantially). Sewer service is a glaring example.
>In these cases, it would be naive to treat the plaintiffs (who I would argue are proxies for the attorneys) as the parties with fewer resources or sophistication.
You're assuming that I disagree. Pro bono/contingent/discounted hours billed would count towards "greater resources or sophistication", and while I'm sure lawyers would love to argue whether or not that's fair, I think you'd find that the Average Joe would say so. And I'd really like to live in a system which has his needs in mind more than that of Dick C. Eshahl, Esq.