I believe part of your confusion is not understanding the distinction between the Plaintiff's Bar and corporate counsel.OneGun wrote:
I am afraid that you and I had a slight misunderstanding. I never meant the Plaintiffs would prevail in the lawsuit as you have clearly shown, they cannot. Unfortunately, Plaintiff attorneys are notorious for filing frivilous lawsuit ....
, I was previously sued by a former employer for "breaching" a contract ....
I interact with both sides, virtually on a daily basis. Plaintiff Attorney's almost always are working for a percentage of the funds acquired. Almost always, they do not charge the plaintiff an hourly billing rate. When John and Mary's car gets backed into they are not paying an attorney by the hour to sue the big bad company $250,000.
When a corporation either sues someone for breach of contract or needs to defend against a lawsuit, they are paying the attorney through a billing arrangement, not as a percent of the award.
Plaintiff attorneys looking to recover a percent of the award view every one of their cases like a steely-eyed investor constantly evaluating and re-evaluating the future value of their investment. Literally, every round of discovery, every deposition, every pre-trial meeting, everything that affects the value of their case causes their assessment if value to fluctuate up and down as the facts indicate.
I've sat on the other side of the table too many times with too many of these people to have any doubt in my mind: if there is zero money to be collected, they are not going to waste any effort filing a case.