I'm sure being without a lawyer is not for lack of trying. I imagine lawyers would not be too willing to take on a big company like Nintendo unless they were sure they could win.
I wish the guy good luck but preloading consoles with pirated games seems like a nail in the coffin, it's going to be hard to explain his way out of that one. Especially without a lawyer. If it wasn't for that, he might have a chance, but he broke the first rule of piracy, never profit from piracy.
Nintendo could simply argue that because the pirated games were provided as part of the service he is directly profiting from piracy so he would be liable for the full cost of every pirated game he ever installed because "lost sales".
It's not like things can get any worse for him. Lawyer or no lawyer, he's still getting sued, if he doesn't fight back he loses, if he fights back he probably still loses. The only way for him to avoid a lifetime* of debt is betting on the 0.1% chance he actually wins. That chance would go up by an order of magnitude if he found a lawyer, but 1% is still pretty low odds.
* In reality it's probably not going to be a lifetime of debt because it would be such a huge sum that he would never be able to pay it off and the remainder would eventually be erased but his life is probably gonna suck for at least a decade. Remember kongsnutz? Exactly like that.