Heres a hypothetical.
Chuck says that Gen told Sabat that if they win Vic pays. What if that info made its way to Ron and Monicas through Sabat and they then started piling on all this research about Nick and all this other bullshit thinking theyd could embarrass everyone involved or prepare for countersuits and not have to pay a dime. Would that be an out for Lemon party?
Ron & Monica didn't really need any outsider to tell them that reasonable attorney's fees would be covered if the TCPA succeeded. It's not a secret or anything, and it would've been told to them by Casey Erick back when it first came up. The case was obviously one where a TCPA would at least be attempted, so it would undoubtedly have come up very early in their strategy discussion. Possibly the "reasonable" part wasn't totally explained to them, or they just plain didn't understand it, but I'm inclined to believe at least one of the attorneys explained that at some point.
As far as an "out"? That gets a little complicated. Realistically, nobody involved will want to deal with some lawsuit over the fees owed; odds are good they'll avoid it if at all possible. There's a few other possible outcomes that could come from it, but a lot are based off of exactly how their contract with their law firms are actually written. An arbitration clause or the ability of the law firm to place a lien on their property could exist. There's also the possibility of MoRon just filing bankruptcy (or just one of them could, which would make this even more tricky to decipher, but we'll ignore that for this).
Or the law firms could just agree to a reduction in fees in lieu of getting sued, or in fear of having their clients file for bankruptcy. Half the money could be a better deal than what they'd get in those situations.
In any case, if it
does go to court, it'll probably be a good bit of time in the future. There's no reason at all to do it before the appeal is resolved, since the appellate court could reinstate all/some of the causes of action, making it mostly irrelevant. The appellate court could also increase the fees awarded if they're so inclined.
