# Lawyers and Ethics: When The Plaintiff (In A Civil Matter) Has No Case **URL:** \ **Category:** Factual Questions\ **Created:** [March 24, 2023, 9:43pm UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607 "2023-03-24T21:43:06Z")\ **Posts on this page:** 7\ **Page:** 3
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [March 21, 2026, 4:08am UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607/41 "2026-03-21T04:08:36Z")
> [@Loach](#): > > So every case you take is a gamble? > [@Procrustus](#): > > Yes. It’s a crazy life. High risk, high reward. So what about the other side, or do you only sue deep pocket corporations with lawyers on retianer? (Not snark, an honest question. There’s 2 sides to each suit - if both are contingency, only one gets paid). ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [March 21, 2026, 12:39pm UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607/42 "2026-03-21T12:39:55Z")
> [@Procrustus](#): > > My only cite is 38 years of representing plaintiffs in civil cases, and being active in groups of lawyers who represent plaintiffs in civil cases. I’ve done this in jurisdictions throughout the United States. That’s all? So your basically just making stuff up, huh? 😃 During my VERY brief stint in private practice, I did collections/bankruptcy/foreclosure for a couple of S&Ls. On an hourly basis. Firmly believed it was not worth litigating a claim under $10k. And then, when you get a judgment, collecting on it is a whole nuther matter. The administrative claims I work with now are nearly all contingency. Many lawyers exert minimal effort, just hoping to make $ from volume. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [March 21, 2026, 12:43pm UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607/43 "2026-03-21T12:43:09Z")
I don’t think both sides are on contingency very often, if ever. Because generally, only one side will be potentially awarded money - if a sue a business because I fell down their stairs, there is no chance of them being awarded money but the lawyer defending the buiness isn’t going to be on contingency. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [March 21, 2026, 3:18pm UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607/44 "2026-03-21T15:18:22Z")
> [@doreen](#): > > I don’t think both sides are on contingency very often, if ever. Because generally, only one side will be potentially awarded money - if a sue a business because I fell down their stairs, there is no chance of them being awarded money but the lawyer defending the buiness isn’t going to be on contingency . correct. It would be highly unusual for the defense to be on a contigency. Would need to be a counter claim, or perhaps “we take 20% of what you don’t have to pay” kind of deal. (which I’ve never seen) ---
**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\ **Post date:** [March 21, 2026, 4:25pm UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607/45 "2026-03-21T16:25:55Z")
I will say that the fact the case went to trial is a very good indication that, at some point, the judge hearing the case denied the defense’s motion to dismiss the case. That’s a good indication that a judge ruled that the plaintiffs showed that they didn’t have “absolutely no case”. ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [March 21, 2026, 10:33pm UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607/46 "2026-03-21T22:33:05Z")
I vaguely recall, perhaps from a Legal Eagle video, that, so long as there is no dispute as to _what_ was said, defamation cases are less likely than others to be decided at summary judgment, in part because of how wishy washy the question of reputational damage(s) can be. Also the fact vs. opinion question. ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [March 22, 2026, 2:45am UTC](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607/47 "2026-03-22T02:45:52Z")
> [@Procrustus](#): > > There are tons of civil cases that are just corporations suing each other (or a variety of other things) which would be handled on an hourly basis. A Japanese company I worked for in the 90s sued an American company in America for $1 million of actual damages. We settled for 60 cents on the dollar and both paid our own fees. It had only gotten through part of the depositions, and we racked up $100 k in fees. [Previous page](https://boards.straightdope.com/t/lawyers-and-ethics-when-the-plaintiff-in-a-civil-matter-has-no-case/981607.md?page=2)