Azrael the cat said:
Lol. I can't comment with any real expertise on this, as this kind of large commercial ligitation is a different world to criminal trials, but I suspect that this would be costing Bethesda a fortune. Smaller cases than this have involved hundreds and hundreds of folders full of documents (i.e. hundreds of sets of documents, not just hundreds of documents). In a case that might bring up the minute details of the online game from art to source code to design docs, plus records of numerous telephone conversations, emails, the contract itself and all supporting documentary evidence of the process by which it was negotiated, every letter ever written between the firms, etc.....I'm guessing this will actually be document-heavy for its size.
Now a new firm comes in, they'll have to read through every one of those documents, plus the previous firms files, advice, correspondence etc (itself being a hefty amount). And then they'll need to familiarise themselves with it and the case in general. All the while charging $400/hr + barristers fees (more expensive than that). If they're appointing new counsel as well, then that's another set of lawyers to familiarise themselves with the case.
All to get their new lawyers up to the same standard that their old lawyers were the day before they fired them.
You should have stopped here. Finally, I thought to myself, there's a subject azrael actually knows about and has something interesting to say on. If you could estimate the monies I'd be happier but like you say there's lots of types of law. This seems like it will be in the millions, though, just to get them up to speed again.
Azrael the cat said:
And I have NEVER heard of a situation where firing an experienced law firm had any benefit to it. Usually it happens when the client doesn't really 'get' the law, and expects it to work like the media/shitty films, where you can just hire good lawyers and magically make the legal requirements go away. Either that, or their lawyers start to explain to them how shite their case is, or how their argument just can't be substantiated in court, or how they actually need to provide some real evidence in response to holes in their version of events.
Law is like any other profession - tv makes it out to be run on 'flashes of brilliance', but really it's just attention to detail, experience and familiarity with the relevant law/context. Going from one adequately experienced law firm to another just isn't likely to do anything but cost money - especially given that you've already got an independent 2nd opinion on the case from the counsel/barrister when they get the brief.
I'm guessing either Bethesda can't into litigation or their basic case is a little wobbly.
And then you slip back into mediocrity or outright stupidity. I know because I've done it and know many others who have, successfully.
It's not so much flash of brilliance but scumbags who don't give a fuck or who try to drain as much as they can off of you, and like any profession 80% of people are mediocre or incompetent. So if some asshole is snowballing you and padding hours you just sit there and take it? People having that attitude is how ridiculous rates like you mention above become a reality in the first place. As an aspy lawyer (what a ridiculous, hopeless combination) you don't get that most lawyers are lying scumbag wastrels who have to have a gun to their head every second to keep them working.
If you keep your lawyer on track and working for you and he is aggressive you will win like 90% of the time if you have a reasonable case, but if you just sit there like a fucking blob you will almost always lose. Maybe in australia since it's so small town it is a different situation but my guess is that you are just an asshat, because anyone who's ever tried to run a business realizes pretty quickly half your effort is keeping people honest.
But yeah, looks like bethesda is fucked. Which is hard to tell for sure if you don't read a million legal documents but it looks very much to me like they have violated their contract. Which doesn't mean they simply don't get to block interplay but which could lead to serious monetary penalties and loss of fallout license completely, and complete bankruptcy of Bethesda Software, which is result I am hoping for.
