HOW TO GET A CONTINGENCY ACCEPT YOUR CASE LAWYER TO TAKE YOUR CASE

                              

 

There is usually no shortage of lawyers who will take a case with a large retainer and substantial hourly charges, but it is tougher to secure a lawyer paid only if the case is successful.  Start by presenting a clear summary.  Indicate what documentation supports your claim and if possible provide expert support.   Here are presentations which highlight the positive and negative aspects of many presentations.    

 

Good Presentation

 

Our company purchased capacitors which were defective.(1)  The items cost 121,000, and a replacement contract cost 162,000.  We also spent $43,120 in repair and other costs, and have a claim for lost business of 91,410.  Our lost business claim is  based upon our accountant’s report, and also have a report detailing the defect in the capacitor.  There is  a disclaimer in the contract about loss profits.  (5)

 

Poor Presentation

 

This is a very strong case involving outrageous fraud with the sale of blatantly defective capacitors. (3) The defendant destroyed our new business and we seek at least 2 million dollars.  The case should quickly settle once you file the claim and we checked with another lawyer who confirmed the case is very strong.  I have all the papers and documents so a lawyer can start immediately.  I have had several legal cases, so I know exactly what is required.     

  

 

1. Begin with a Clear and Concise Summary  Clear claims are appealing to the attorney.  They can be accurately evaluated, and  the time to prepare and litigate them less.  In contrast, cases with many different issues, items, and claims may be difficulty to initially evaluate and their time commitment make them less attractive to the contingency lawyer. 

 

2. Provide expert reports.  Many legal cases require expert reports and their availability is a plus.

 

3. Exaggeration can hurt your claim   On an hourly case, overstated facts which can cost the client substantial money in misspent fees, in a contingency case, the lawyer may find he spent hundreds of hours on what turned out to be a dubious claim. 

 

4. Other lawyer’s opinions who reject the case mean little.  His action indicates he was not convinced of the claim and his statements about the case may be meaningless pleasantry.  Cases rarely settle quickly for substantial amounts, and suggesting that will happen may diminish your credibility

 

5. Mentioning potential problems upfront will enhance your credibility.

 

6.  If you have a fraud claim, provide an attachment indicating what was said, when, why it was false, and how you were damaged by it.

 

7. Documents   The lawyer will need to gather information and various documents to prepare the claim