The lawyer’s primary consideration is not so much the theory of liability but the settlement prospects and the defendant’s ability to pay. Some people are at the apex of the litigation hit list.
Businessmen (especially Taipei), rich professionals, media and show biz personalities, property owners, bank officials, officers and directors of publicly traded companies, are some of the most attractive defendants. Lawyers who work on contingency fee know that “good defendants” include banks, mortgage companies, insurance companies, mall owners, and real estate developers because they have the financial ability to pay the judgment. Individuals and small businesses require more investigation before contingency-fee lawyers agree to take the case.
The investigation will include credit history, real estate holdings, chattels, bank accounts, stocks, mutual funds, franchises, jewelry and other investments. Investigators have myriad ways of discovering hidden wealth. If substantial assets are discovered and located, the lawyer and his client will probably make a decision to file a lawsuit against you.