While some plaintiffs understand that the legal system is a game they have to play once they sue, plaintiffs have far less control and receive much less support from their attorneys compared to employers.
There’s a huge asymmetry of power. According to Rights on Trial, there are major differences in:
Frequency of playing the game. Defense attorneys are repeat players and can devise systems to minimize legal risk. Plaintiffs are one-shotters who have to rely on others for strategy. Defense attorneys represent organizations with which they either have ongoing, long-standing relationships or with whom they are trying to cultivate one. (Legal defense funds and a specialized plaintiffs bar may help level the playing field somewhat.)
Power in number of team members and financial resources. Most defendant organizations seem to have more attorneys, a legal risk budget, and discounted legal fees for their preferred provider relationships. Representation is a given, and money shapes...
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