Total aside: I have a startup idea to throw a wrench into your accurate depiction of how things currently play out: little guy hires full time lawyer from large pool of unemployed lawyers, suddenly has legal counsel at reasonable (relative) price for extended time. Suddenly little guy has more of a fighting chance to fight back against lawsuit, instead of having to pay out his counsel at $1,000/hr. (He can add a full time yearly lawyer at the clip of every 2 weeks of his adversary's costs)