I would assume the Kolby's representation with the Potts Law firm was pitched as free unless he wins, then they take a huge percentage of the settlement or damages.
But what young Kolby probably doesn't understand is if it goes to trial and he loses, it will not be free. TCU will not be using in-house council. They have already hired outside council McDonald Sanders. As a result, KL won't be able to claim that defending the lawsuit was part of TCU's G & A budget. Defending the lawsuit creates expenses for the University. TCU wisely sought compensation for the their attorneys fees as part of the counter suit asking for a declaratory judgement.
Kolby, this part is for you, if you continue this case on and lose you will owe TCU LOTS of money. This is a stupid game of chicken that you can lose, BIG. TCU probably won't go after the money if you quit now, but the more you try to gain media exposure, the more you do Outside the Line interviews, the more likely TCU is to seek every single penny back and make an example of you. When and/if that happens, your buddy Potts will no longer answer your phone calls.