Fee awards can be devastating to a middle-class person. I once had a case come to me after some homeowners had lost at trial in a dispute with their mortgage lender over some technical provisions of their mortgage. The amount at stake was perhaps a couple of hundred thousand dollars. However, on losing, the court awarded the lender almost $400K in fees (it did so under a contract provision providing that the prevailing party in any dispute would receive an award of such fees). It seemed pretty clear that the court had rendered some doubtful rulings in the case and that the case would likely be reversed on appeal. However, in order to get to an appeal, the losing parties needed to get a stay on execution of the judgment. To get the stay, they had to post a bond in an amount equal to no less than one and one-half times the amount of the judgment. Since this was beyond the financial means of the losing plaintiffs, they found themselves being subjected to liens, attachments, garnishments, and the like in ways that basically ruined their day-to-day lives long before they could await the outcome of any appeal. As a result, though they were probably right on the merits, all it took was the harsh acts of one judge to render them helpless in asserting their rights by being able to pursue their case to its proper outcome. They had scraped to pay their own attorneys to prosecute the case but they were overwhelmed by the attorney-fee award that crippled their case midstream.
That example involved, not poor people, but those who had homes and jobs and who felt they needed to try to undo a wrong that had been inflicted on them by a lender. The result was that they folded their case, borrowed from wherever they could to pay the lender's fees, and dropped their appeal, walking away licking some pretty heavy wounds.
Based on many such situations, I would say that a loser-pays rule could easily work hardship on average people seeking access to the courts. I will grant that such a rule sounds attractive in principle and our courts are full of abusive litigation that needs to be curbed. But I'm just not sure that this is the right approach to reforming the problems.