I am a somewhat rare business attorney that represents businesses in contingency fee lawsuits and am committed to evaluating cases in ways in which I share the risk associated with litigation with my business clients. There is a reluctance among many attorneys that are experienced in representing businesses in deals and litigation to do so on any arrangement other than an hourly fee basis. Why? Because the hourly rate is how the business clients typically pay their attorneys.
What is the Process for Contingency Fee Commercial Litigation?
The process of evaluating a business contingency fee lawsuit is really no different from that of any other case, including areas where there is widespread use of contingency fees such as in personal injury litigation. The case is evaluated for its strengths, weaknesses, amount of damages and whether it is collectible. In some cases we can agree to be paid for our time and services only if the litigation is successful or in the event of a settlement. In other cases some level of flat fees or fees by phase may be paid, or the costs (such as costs for experts within budget, filing fees, or other costs) are paid for by the business client.
Why Contingency Fee Business Lawsuits?
We litigate select business cases under a contingency fee arrangement because businesses of all sizes ought to be able to obtain skilled business litigation and trial counsel when faced with claims and issues putting their business and livelihoods in jeopardy. Contingency fee business litigation is a way to meet our business client’s objectives and align our interests when possible–to reach efficient and early results based on the merits of the case, and avoid poor business results for the clients because the burden and expense of litigation forces a company to abandon its case or claim.
Types of Business Cases my Law Firm Considers on Contingency Fee?
The following types of business lawsuits lend themselves to contingency fee agreements:
- Business Collections including Construction Collections
- Breach of Contract
- Consumer Protection
- Interference with Contract and Business Relations
- Breach of Fiduciary Duty
- Real Estate Disputes