[westicle]

True. I agree that's a problem most modern legal systems are struggling to deal with.

Until they do all I can recommend for innocent parties who find themselves in that situation is to look for a lawyer who will take a quasi-pro bono retainer.

I'm currently representing such a party on a no-win no-fee basis, at the applicable court-mandated scale. If we lose I get nothing, and if we win I get the costs order (at a reduced fee).

[eru]

It also seems like insurance might (in theory) be a good fit for the incentives encountered.