I believe you that that may be the calculus involved. But IMO that shows just how out of control our overly litigious society is. We need some sort of legal, as well as political and regulatory, jubilee to get ourselves out from under the overgrowth of our institutions.
Too many lawyers and too many judges afraid to toss out meritless lawsuits.
I once was talking to a businessman in a town of about 25,000 people. At the time I had just read a statistic that there was one lawyer for every 200 people in California. The article added that every time there was a bar exam in California, 8,000 prospective lawyers took it and half of them passed, and there were two bar exams per year.
He thought that was a ridiculous number of lawyers and was probably way too high. So we got out the phone book for his little city and turned to the yellow pages and looked up lawyers. . . there were over 300 lawyers listed in his town alone. . . more than THREE TIMES that “one for every 200 population” figure, which would have been 125. 300 would have been the number for a population of 60,000 at the rate the statistic cited and that was back in the late 1970s.
How many would starving lawyers be 40 years later willing to take any case to court?