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Popular Client Issues Related To Contingent Fee Patent Litigation

By Winifred Christensen


Hiring a lawyer can be real challenging for any client. Unless you have a family attorney, you will have to spend time looking for a professional who is capable on handling the specific case that you have. Plus, not all attorneys take on all types of work. Some of them have specialization. So if the one that you have is not open to the possibility of serving the needs that you have, then you will have to look somewhere else.

In a complicated matter such as patents however, you will need someone who specialize on it. This way, you can assure that they are familiar with all the proceedings that will have to be employed on the case. Contingent fee patent litigations is one thing that you have to settle once you decide to hire someone.

Do remember that different legal firms have their own standards of operation. Some of them practice contingent fees in charging their clients. There are some good and bad things about this method. Below are popular issues that clients will have to address while working with a firm who is following this payment method.

It can be more costly. One of the issue, which others strongly consider as a disadvantage is the potential high cost that this method can charge. Since you are paying by percentage, then the amount might be greater compared to when you just pay them at an hourly basis.

Some lawyers can select. Attorneys know better the type of cases that they are capable of winning. If you are under contingency agreement, it is only natural to meet professionals who can be very selective. If the issue that you have is complicated enough, several of them may refuse to accept it. If they lose, they will not be paid.

There are no worries about instant payment. Some clients find it difficult to pay at an hourly basis since it is immediately. With this alternative, all required payments will be done once the entire case is already resolved in your favor.

Percentage allocation is negotiable. The lawyers are in the right position to tell you what percent will they ask from you. The typical one will be one third of the full price. See how much you are expected to be paid and assess if the allocation that the attorney agrees on is reasonable enough.

No fee is paid if you lose the case. You will not have to pay anything in case you lose the case. You may need to pay for the cost of trial but other than that, there are no other financial damages. Of course, this is generally not good news at it means the other party who copied your patent won.

Ensure the ownership of your product by not letting anyone steal it from you. Hire the best lawyer in town and agree on a good deal. Weigh the advantages and disadvantages of contingent fee method and see if you are willing to take it on.




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