Lead Them Not Into Temptation
The
problem for many big corporations, insurance companies, financial
institutions and even consumers to a lesser degree is that it is easy
for a lawyer to lead them into temptation. To the lawyer it is the
means of getting paid more per case. To the entity it is the feeling
of feeling vindicated, even if the final result does not necessarily
turn out that way (kind of like the last act of defiance).
We all know lawyers that do this. Not only do we know who they are, they know who they are. They probably live a little better than the rest of us, they are never in their offices because they are always in depositions somewhere, and they probably have the best hourly and collection rates around. In East Texas we say that they are "Board Certified in Billing".
From my perspective typically representing the Plaintiffs, it comes at me this way. "My client does not think it did anything wrong". Or, their client wants to argue that a 1949 decision out of Puerto Rico represents a line of cases that represents good law, even if it goes against every decision in the circuit in which the suit resides. Or, the one I love the best, is that the attorney is concerned not for his client, but what message this sends if he allows his client to settle this claim. There is of course the so-called "Wal-Mart Defense" in which not only will there be no settlement, they will try to bury you regardless of the costs, for the principal of the thing. It has to be the delight of those attorneys who think to highly of themselves to convince their clients that this is a viable option.
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