Repeat players’ specialist counsel and litigation experience give them structural advantages.

Evidence

As Galanter observes, “It is the RP who writes the form contract, requires the security deposit, and the like,” and one-shotters seldom seek to renegotiate the requirements. Repeat players also do not share the one-shotters’ concerns about litigating: They understand the process and have sufficient experience to calculate their chances of success. Unlike one-shotters, repeat players usually pave biked or retained lawyers, and so their siactup core “2s litigating are minimal. The repeat players’ lawyers tend to be specialists in the field, whereas those chosen by one-shotters may not be. — G. Alan Tarr, Judicial Process and Judicial
, 2287

Categorization

  • XREF: Directly quotes Marc Galanter’s ‘Why the Haves Come Out Ahead,’ the classic statement of party capability theory. — connects to: Repeat players shape law itself to secure long-term advantage beyond winning individual cases. — G. Alan Tarr, Judicial Process and Judicial
, 1121; Repeat players can draft contracts and structure disputes to advantage themselves. — G. Alan Tarr, Judicial Process and Judicial
, 1122; Contingency fees are the main reason individual plaintiffs can sue repeat players. — G. Alan Tarr, Judicial Process and Judicial
, 2265 (+10 more)

Broader Connections