@robbie21 - I am truly sorry for your brother's situation, and I hope that it is temporary as the accident fades into the background. I'm sure he meant no harm; even a good driver can have an at-fault accident.
But I don't think that the solution you propose is workable. If people had to pay their lawyers up front, then unscrupulous people would know that it was safe to take advantage of poor people because they would never be able to file a lawsuit! Bad doctors would know that they could do whatever they wanted to indigent patients without fear of getting sued.
Besides, it might not reduce the number of lawsuits. If lawyers got paid win or lose, they would have an incentive to drum up cases by telling people they were sure to win, then just pocketing the fees!
There are bad people in any field, and personal injury law is no exception. But a friend of mine is a personal injury lawyer, and he's not what you imagine. Sure, he likes to make money. But he's really careful what cases he chooses and he really feels for his clients. Remember, they've been injured. When he gets a settlement for someone who's going to be in a wheelchair the rest of his life, he really feels like he's helped.