By Bart J. Eagle and Adam J. Halper
Anyone who regularly practices in state or federal court knows that money figures prominently in how
cases are resolved. Often, parties with legitimate claims or defenses have to decide whether it is worthwhile to continue with their arguments given the cost of having good attorneys make them. Consideration of cost leads to very real and psychically challenging results. For example, a plaintiff may forgo bringing a “just” claim because the cost of pursuing it is greater than what they might recover in the end. A defendant will pay to get rid of an unmeritorious claim to avoid expending further litigation costs. As a result, settlements often bear no relationship to the actual merits of a dispute.