I understand that you may talk to professionals who do that, but a lawyer who is involved will assess the case on a different basis. They're on a contingency fee, and they write up agreements at the start on a contingency fee. They will take all of the costs and disbursements upfront if there's a possibility of winning. When there's not a successful possibility of winning, then it takes care of itself, because nobody is going to cover it. It's fair to say that those are the cases you're talking about, when there is not an expectation of winning.
On May 21st, 2013. See this statement in context.