Here's a question for you legally-informed types:
I believe that when suing someone, sometimes you are able to add on legal fees as part of what you pursue, or perhaps the judge adds them after the fact. If this is the case, could DD end up paying Mark's fees as well (I believe lawyers keep track of their time in 6-minute increments)?
Granted, he is not charging for his time, but doesn't that ultimately help DD, assuming he has his butt handed to him in court? Why should his wife's good fortune (receiving pro bono counsel) be DD's good luck?
For example: I find an Action 1 at a yard sale for a dollar, and you destroy it. Can I only sue you for a dollar? Maybe that's apples/oranges, but it seems like if DD loses, he loses less because of the wife's good fortune. Is Mark then able to pursue DD to cover his fees?