I mean, if the company thinks the consumer’s lawyer is a clown, then they’re going to assign a probability of having to pay those attorney’s fees at or near zero. Then you’re back to them valuing the case lower.
But I also get/agree with your point. Please don’t read any of my comments here as an impassioned defense of lawyers or the legal system in general. Just, generally, having a competent lawyer, can drive better outcomes in these cases.
To illustrate: I had a spat with a big dutch telco provider for a 6 figure sum, they gave me the runaround and 'what are you going to do, we're big and you're small' until they got a letter from one of the largest legal offices in NL and they folded on the spot and paid up.
Better lawyers really do drive better outcomes. If the other party is worth suing (a calculus that many people seem to skip).
But I also get/agree with your point. Please don’t read any of my comments here as an impassioned defense of lawyers or the legal system in general. Just, generally, having a competent lawyer, can drive better outcomes in these cases.