Contingency fees are the main reason individual plaintiffs can sue repeat players.

Evidence

Generally, it is relatively rare for a one-shotter to sue a repeat player. The various factors discussed earlier—the adverse personal consequences of suing, the costs of litigation, and uncertainty about its outcome—deter many one-shotters from filing suit. The sole exception to this is personal injury cases. Because attorneys take such cases on a contingent basis—that is, their fee is a percentage of the plaintiff’s award—one-shotters do not bear the financial costs of litigation, so they are more likely to sue. — G. Alan Tarr, Judicial Process and Judicial…, 2265

Categorization

• XREF: Explains the practical mechanics behind access to justice and the barriers—cost, uncertainty, personal consequences—that the course’s fairness/equality values turn on. — connects to: Attorneys treat contingent fee cases as a risk-and-reward portfolio. — G. Alan Tarr, Judicial Process and Judicial…, 743; Contingency fees make personal injury the main exception to one-shotters avoiding litigation — G. Alan Tarr, Judicial Process and Judicial…, 1114; Contingency-fee lawyers must select defendants who have deep pockets — , Harr Jonathan - A Civil Action , 338 (+10 more)

Broader Connections

• Repeat players’ specialist counsel and litigation experience give them structural advantages. #complicates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2287
• Repeat players lobby legislatures and draft contracts to shape favorable law. #complicates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2282
• Contingency-fee lawyers can collect fees exceeding any individual plaintiff’s recovery #expands (0.90) — , Harr Jonathan - A Civil Action, 2878
• Contingent fees dominate accident and product-injury civil litigation #qualifies (0.90)
• Contingent fees can create attorney-client conflicts over settlement versus trial. #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 744
• Corporate defendants frame litigation costs as waste to justify settling. #complicates (0.85) — , Harr Jonathan - A Civil Action, 2503
• Corporate defendants fear settlements will invite copycat lawsuits, not just cost money #complicates (0.85) — Jonathan Harr, A Civil Action, 2594
• Ongoing business relationships push repeat players to resolve disputes outside courts. #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2267
• Litigation costs deter even disputants with legitimate grievances #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1066
• Detachment from victims lets lawyers judge a case’s true cost #complicates (0.80) — , Harr Jonathan - A Civil Action, 305