The cost of commercial litigation is a common worry for businesses seeking legal recourse. While some companies may be willing to pay legal fees that could equal or even exceed the potential recovery, most aim for a net gain. Conventional hourly fee agreements offer no guarantees in this regard and often place the client in a position of bearing unexpected costs, delays, and other uncertainties.
In contrast, contingency representation obliges attorneys to carefully assess the risks from the outset. Before taking on a new case on a contingency fee basis, lawyers must conduct extensive due diligence, particularly regarding the likelihood of success as defined by the client. A business lawsuit can extend for several years, with numerous risky junctures along the way, both legally and in terms of client expectations.
To improve your chances of securing a lawyer for your commercial case on a contingency basis, consider the following guidelines:
- Simplify Your Case Explanation: A straightforward and concise case description is easier to litigate and present to a jury or judge. Provide a clear summary, with additional detail available upon request.
- Present Evidence: Provide your lawyer with evidence that supports your claim, as claims relying solely on the plaintiff’s testimony can be challenging to substantiate.
- Client Candor: Honesty is crucial. In a contingency arrangement, the lawyer bears the cost of wasted time, making the reliability of client-provided information paramount.
- Explain Facts, Not Law: Your lawyer is responsible for the legal aspects; your role is to provide factual support for your claim.
- Demonstrate Damages: Explain how you’ve suffered financially, such as lost wages.
- Expect Rigorous Inquiry: Be prepared for tough questions about your case and potential defenses. Contingency lawyers, who are paid only upon success, must conduct thorough evaluations.
How to Contact Us
We offer a free initial telephone consultation to discuss your claim. Please don’t hesitate to reach out to our office for guidance on your commercial litigation needs.
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