I don’t expect this situation to change because the creative, ballsy types who do plaintiff’s work just don’t populate the law firms that do defense. In fact, they’d die slowly on the vine in such an environment. Beyond that, there are probably zero defense attorneys out there who truly ‘believe’ in their clients (or at least are angered enough by the fact of frivolous litigation) enough to work up some fight. They’re semi-smart guys who landed at respectable firms and aren’t looking to go gonzo — just bill a lot and make hours.

Meanwhile, plaintiff’s counsel may be slimy and underhanded, but he can work himself into a righteous lather about the case, and the money.

But like I say, nobody’s going to shake things up.