Why is that?
Is it just a "shot-gun" approach that lawyers take because there are so many lawyers and competition is high?
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Lawsuits are all about fighting your position. Some people are hellbent on collecting that $50 owed to them out of principal, they could care less about the $50. Lawyers will be more than happy to take the case because they will get paid (unless they are working on a contingency fee, "there’s no fee unless we get money for you").
Alternative dispute resolution (mediation and arbitration) are more about fighting for interests than positions. In ADR, you might want to still do business with the person that owes you the $50, but you still want something back from the wrong he caused you that one time.
Lawyers are only prohibited, in the rules of ethics, from pursuing frivolous claims. That standard is pretty low, so that’s why a lot of worthless cases still go through to court.
Win or lose the lawyer gets paid.
Lawyers tell their clients all the time that litigation is inherently risky. But some clients insist on getting their day in court, even though the lawyer tells the client that their chances of winning are small.
Principal!
shotback
How’s this for a motto " It’s not whether you win or lose, it’s how much you get paid."
The more cases you try, the higher your tax bracket.
Ego.
Most people would assume this is because lawyers are greedy, but the truth is, Adam is right. Probably 80% of lawyers will tell the client flat-out if they can’t win. Still, if the client insists on pursuing the case, that lawyer may as well collect his or her fee, or someone else will, and that lawyer’s already done the consultation.
I once heard an attorney I work with advise a client (for a good five minutes, mind you) he did not have grounds for the motion he wanted to file. (In other words, the court won’t even hear the case.) After the man got more and more insistent, my friend sighed, and said, "Fine. That’ll be $80 for the filing fee and $50 for me to file it." Unbelievably, the man paid it. What can you do with people like that, you know?