This opens the door to routine injustices whereby those who can afford expensive attorneys get a sweet deal, and everyone else gets stabbed in the name of justice.
Courts tend to follow precident, indeed precident is nearly the same as law. It's not really the case that an expensive attorney can argue his way around the well-established interpretations of the meaning of the constitution and other laws. Maybe, in the case of something novel, or for a question that has never come up before. It's not at all routine.
