To settle or not to settle?

[Gypsygoddess]

What is the name of your state? From New York:
I've seen two different lawyers about a copyright infringement case I need representation on as plaintiff, and they said conflicting things.

Lawyer #1 says that over 90% of infringement cases are settled out of court, because the infringer doesn't want to spend the time or money on lawyers to fight the case, so the chances they'll settle are possibly in my favor. This lawyer is willing to represent me for a percentage fee.
Lawyer #2 says infringers rarely settle out of court, it'll be too hard to prove, and since I'm going up against a big conglomeration, they'll probably fight me tooth and nail, and good luck, but people get ripped off all the time and life's not fair. He wasn't willing to represent me.

Do most copyright infringement cases get settled out of court, or is it possible that I'll be putting my head in the lion's mouth and getting stuck in litigation, wasting valuable time and money I don't have, forever?
Many thanks,
Gypsy

 

[MSWCCC]

Find a lawyer who will represent you for a percentage, rather than up front costs. Those lawyers have an active interest then, because they only get paid if you do, and the more you get, the more they get. If you are going against a big conglomerate, it's a case of Good Luck. They'll have the best hired lawyers who want to keep them as clients, and the company has lots more money. My advice? If you can get anything settling out of court, take it. The choice to settle is in your hands. You can take their offer, or refuse it and go to court. Wait for them to make an offer though before deciding. If they don't, then you will have to go to court. That second lawyer won't represent you because he is worried that, if the defendents won't settle, then he'll face those big-wig lawyers (hey, how the hell did OJ get off? He had millions to spend on the "dream team"). The first one is at least willing to represent you, so he will have an active interest. Accept the first lawyer. You probably won't find many lawyers willing to take on conglomerates.