Even loser pays can be problematic, though, because the troll or bigcorp can fund a war of attrition for far longer than a startup or small business. I saw a variant of this happen to a company. An adaptation of the inquisitorial system to civil cases seems like the most sensible approach, if the goal is to provide equitable outcomes regardless of the financial resources of the litigants.

An alternative idea is a shared pool of legal funds. Both parties contribute to the pool and the pool is divided equally. If an aggressor wants to hire the best lawyers in the business, they have to provide the equivalent to the defendant.