Repeat playersâ specialist counsel and litigation experience give them structural advantages.
Evidence
As Galanter observes, âIt is the RP who writes the form contract, requires the security deposit, and the like,â and one-shotters seldom seek to renegotiate the requirements. Repeat players also do not share the one-shottersâ 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 â2s litigating are minimal. The repeat playersâ lawyers tend to be specialists in the field, whereas those chosen by one-shotters may not be. â G. Alan Tarr, Judicial Process and JudicialâŠ, 2287
Categorization
- XREF: Directly quotes Marc Galanterâs âWhy the Haves Come Out Ahead,â the classic statement of party capability theory. â connects to: Repeat players shape law itself to secure long-term advantage beyond winning individual cases. â G. Alan Tarr, Judicial Process and JudicialâŠ, 1121; Repeat players can draft contracts and structure disputes to advantage themselves. â G. Alan Tarr, Judicial Process and JudicialâŠ, 1122; Contingency fees are the main reason individual plaintiffs can sue repeat players. â G. Alan Tarr, Judicial Process and JudicialâŠ, 2265 (+10 more)
Broader Connections
- Repeat players in one courtroom develop shared familiarity that shapes plea bargaining
#expands(0.90) â G. Alan Tarr, Judicial Process and JudicialâŠ, 1749 - Cause-oriented and government repeat players litigate despite relational costs
#corroborates(0.85) â G. Alan Tarr, Judicial Process and JudicialâŠ, 1116 - Trial lawyers mirror each otherâs presence as strategic deterrence.
#expands(0.85) â , Harr Jonathan - A Civil Action, 2320 - Litigants divide into occasional one-shotters and frequent repeat players who learn the system
#corroborates(0.80) â G. Alan Tarr, Judicial Process and JudicialâŠ, 2258 - Lawyer groups with long-term stakes can equalize one-shotter bargaining power.
#expands(0.80) â G. Alan Tarr, Judicial Process and JudicialâŠ, 2290 - An outsiderâs strength improves the weaker playerâs bargaining position
#expands(0.80) â Nicolas Baumard, A mutualistic approach to morality, 366 - Actors pursue both optimal outcomes and structural change to their advantage.
#expands(0.75) â Walter Korpi, The Iceberg of Power below the Surface, 4 - Assigned counsel systems trade expertise for caseload spread across private attorneys
#complicates(0.70)