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By Stephen Schahrer
Attorney

Business litigation on the traditional hourly fee model is oftentimes expensive and downright cost-prohibitive for many individuals and small businesses.  Mindful of the costs, risks, and potential rewards of business litigation, our firm offers three different fee models to prosecute claims on behalf of a plaintiff, or, occasionally, on behalf of a defendant who has a counterclaim much larger than the plaintiff’s claim.

Hourly Fee

Most of our cases are handled on the traditional hourly fee model, with efforts made to proceed as efficiently as possible.  The hourly model works out best for clients when the litigation is relatively short-lived or when the amount in controversy is large and the client can afford to pay fees as the litigation progresses.

Contingent Fee

At the other end of the spectrum, for well-qualified cases in which the claim is strong, the amount in controversy is sufficiently large, and the prospects for collecting a settlement or judgment are good, we are sometimes able to handle such cases on a pure contingent fee.  In such cases, the Firm is paid a portion or percentage of the total recovery obtained for the client.  For certain cases, the Firm will also front or advance the hard costs associated with the case (i.e. expert fees, filing fees, etc.). The contingent fee arrangement is best suited for clients who have strong claims but cannot bear the brunt of monthly fees, or for clients who expect that a case will “go the distance” and cannot pay the attorney’s fees along the way.

Hybrid Fee Model

In between those extremes, we handle cases on a hybrid fee model, which is often the best of both worlds for clients who are able to pay some fees and aren’t at all sure how much litigation will be required (which is common).  Essentially, we offer the mixture of a heavily discounted hourly fee and a significantly decreased contingent fee. In other words, the client will pay attorney’s fees as the case progresses but will pay significantly reduced hourly rates for work performed. In exchange, the Firm receives a discounted contingent fee upon a recovery being obtained for the client.

Additionally, the Firm may offer different contingent fee percentages at certain milestones in the case. For example, the Firm may offer a reduced contingent fee if the case resolves prior to the initiation of litigation or if it resolves at an early point in the litigation. This mitigates the risk to both the attorney and the client of a quick settlement (or dismissal), on the one hand, and a long, contentious case, on the other hand.

A contingent or hybrid fee model may be right for your case. Please call us to discuss these options for your case!

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THIS BLOG IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE. THE READER SHOULD CONSULT WITH KNOWLEDGEABLE LEGAL COUNSEL TO DETERMINE HOW APPLICABLE LAWS APPLY TO SPECIFIC FACTS AND SITUATIONS. BLOG POSTS ARE BASED ON THE MOST CURRENT INFORMATION AT THE TIME THEY ARE WRITTEN. SINCE IT IS POSSIBLE THAT THE LAWS OR OTHER CIRCUMSTANCES MAY HAVE CHANGED SINCE PUBLICATION, PLEASE CALL US TO DISCUSS ANY ACTION YOU MAY BE CONSIDERING AS A RESULT OF READING THIS BLOG.

 

About the Author
Mr. Schahrer has a diverse professional background including experience working for the Florida State Legislature, the United States Marshals Service headquarters in Washington D.C., and the local non-profit, St. Matthew’s House. He joined Boatman Ricci as a Law Clerk in 2016 and worked with the Firm throughout his time in Law School and then joined the Firm as an Associate Attorney. In his spare time, Mr. Schahrer enjoys training and teaching Martial Arts and spending time with his family in beautiful Naples, FL.