Does Size Matter? The Influence of Law Firm Size on Litigant Success Rates

Abstract

In his influential piece, Galanter (1974) argues that repeat players in the judicial system can be expected to succeed at trial in part because of the advantages repeat players enjoy compared to the one-shotters. This article explores the effect of a number of the benefits Galanter identifies on litigation outcomes for civil jury trials in four states with particular attention to the size of the law firms representing the litigants. We find possessing an advantage in relative firm size, without considering other factors, appears to produce no significant advantage in terms of achieving plaintiff compensation. On the other hand, a local presence in the county where the trial occurs increases plaintiff attorney success rates when challenging out-of-town defense firms, especially when the plaintiff's law firm is the larger of the two. Additionally, devoting more resources in terms of human capital to a particular case increases the probability of favorable outcomes.