in this case, they'd only get the benefit if they won; assuming that if they lost they'd have to pay the other guy's court expenses /and/ a license, it would ma

in this case, they'd only get the benefit if they won; assuming that if they lost they'd have to pay the other guy's court expenses /and/ a license, it would make loosing more costly, but it would also make the win more valuable, possibly out of proportion to how much more costly it makes losing.