[sparky_z]

> It was smart for Kyle to file first because it makes it harder for the other party to retain a contingency attorney

Why would that change the calculus for an attorney considering a contingency agreement? (Honest question. I have 0 legal experience.)

[naveenspark]

Offering to cover defense increases their overall cost. If they agree to provide defense up front prior to anyone filing, and they are able to file first, they are able to make the bet that the opposing party won't file a counter. If the opposing party has already filed, they cannot make that bet, and as a result they are less likely to cover defense in the contingency agreement.