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Lawyers on retainer get paid whether they do anything or not.

Opportunity cost.

Having your retained lawyers do this keeps them too busy to, e.g., go after the National Cannibals Club ("the other other white meat").

So at the end of the day, you've got to increase your stable of lawyers on retainer.

A big company or organization, especially one such as the National Pork Board, has lawyers on retainer.

The research on this was probably done in a previous C&D -- all told C&Ds are a pretty cheap alternative if they help prevent litigation. When in doubt, C&D.