Okay, I'm now clear on what you mean. Thanks.
But, the possibility of having to pay the plantiffs legal fees in the event that he wins is all the more reason not to get a lawyer yourself (of for the city to get one). Opposing lawyers talk and when lawyers talk they charge for the time. Again, no need to get caught up in that game.
Even without a lawyer, the other lawyer will call and a call and call. If the possibility exists that you may end up paying for this time, tell him do not call! Again, the only way to win is not to play the game. Even if you (or the city in your example) should get stuck with the plantif's legal fees, those will be far less than the bill would have otherwise been in a full fledged legal battle. And, you are in much better position to argue the fees are excesive if your side has not been party to running them up.
Not a chance. The lawyers for the other side will still run up legal bills, and unless you know FRCP and FRAP extremely well--as well as case law--they're going to have to spend more time, not less, in a lawsuit.
And, you are in much better position to argue the fees are excesive if your side has not been party to running them up.
Two different issues. If they take your advice, you'll be on the losing side because, well, they'll steamroller over you. And the losing side pays the legal fees of the winning side. If you're the loser, you eat your legal fees. And while you're haggling out how much the legal fees are, they'll be adding in more billable hours.