That sounds good, but thinking about it, quite often the one who loses is actually the one in the right because of a lazy, incompetent or less skilled lawyer is all they can afford.
Say I am a disreputable businessman who negligently puts the public in danger. I'm Krusty the Clown, selling Shred-De-O's to children, with real jagged metal cereal bits. If some legitimately injured person wants to file suit, I can expose them to tremendous losses simply by hiring a lot of high-priced legal talent to defend myself. If I can spend $50,000 on lawyers, and expose the plaintiff to that kind of a loss, I can discourage an awful lot of legitimate claims.
Another thought on this is that it is not at all uncharacteristic for protesters to fall to the ground. During my radical leftist days as an undergraduate at UC Berkeley (I know, I know...), we taught protesters to "go limp" when they were being arrested, because it takes two police officers (we didn't call them that, of course) five minutes to put a limp protester into the Paddy Wagon, whereas cooperative protesters can be cuffed and loaded into the wagon two or three a minute. And since all you are doing is lying around not cooperating, you can't be charged with assaulting an officer or anything like that. We weren't even charged with resisting arrest because we offered no active resistance.
It is a very effective technique. One I am sure that PeTA teaches to it's protesters as well.