I don't entirely know the words to say to convince this guy that it really and honestly truly is in his best interest to do this. I mean Jesus, just do the math. $100 x 20 hours a week = $2000/week. Shit. He sure as hell isn't looking to spend that and I'm not certain he has it laying around. However, that's far less than a lot of other lawyers would charge him for this shit. I know opposing counsel, between charging 4x as much as me has racked up about $20,000 in bills to his client (10 hours of his time at $400/hour is $4000 and I know he's spent 50 hours on this crap over the summer before even suing). He's heading into very expensive territory, very quickly. Gah, client does not get it and will be pissed at me for being expensive if he doesn't fucking listen to me and head it off.
How about...
"Here's the deal... The opposing counsel is trying to drown us in paperwork. This is pretty much standard practise for someone with deep pockets, what they're hoping for is that by burying us in paperwork we're going to have to sooo much money clearing it all up that we simply can't afford to keep up the case.
Now, you have some options here... but unfortunately they're pretty much all bad.
1. You can just give up, let them win, and take the loss on the head.
2. You can let me deal with the paperwork at an hourly rate, I'd be happy to do it, but unfortunately I don't work for free. The opposition has phoned me and told me that he's more than willing to do 20 to 30 hours of paperwork a week, and this could drag on for many weeks. Even at my rates which are much cheaper than most lawyer's rates, it will probably wind up costing tens of thousands of dollars if not more. I know you can't afford to pay that, and I really don't want to make you pay that, but I have bills to pay myself, and my time is worth a lot of money.
Needless to say both these options are pretty crap, which is why I'm going to offer you a third option, I don't think you're going to like it very much, but it's the best you're going to get.
3. I offer you retainership. Basically, this is insurance, you pay me a flat fee, and for as long as the policy holds, I cover your ass whenever you get into any legal troubles. Now, generally speaking I don't offer this kind of policy to someone that's already in trouble, I mean, you don't sign on for insurance after the ship has already started sinking. In your case I'm willing to make an exception, just this once. Sign on for a year, and I will fight this legal battle until we win it, and from what I've got in front of me right now it's looking like we can indeed win it.
I really doubt you'll find any other lawyer that will offer you a deal this good, I'm only doing it because I hate the dirty tactics people like them use against people like you, and I want to be able to fight this battle for you, but I can't do it if you don't throw me a bone here."
How was that? Decent speech, sucky speech?
One thing that's confusing me about this is why he's trying to intimidate you out of the game. If burying you in paperwork just makes him richer... Is it just because he'd rather not do the work? Because he honestly doesn't want to have to shove you into the sucky situation of getting your client in debt?
Or, is it because he can't actually afford to work too many hours on this case because his position isn't quite as secure as he wants it to seem? It might just be my imagination, but I think I might smell a bit of blood there.
I know it'd be a hell of a lot of work to deal with it all, but if you got the retainership, I might just try to shovel some paperwork his way. Maybe ask some of those would-be lawyers who just graduated and were asking after unpaid work to help you create a paper storm... I dunno, is that a stupid suggestion?