Contingent Fee Patent Litigation And Its Popularity

By Winifred Christensen


Getting the best lawyer who can handle the case that you have is not as easy as pie. True, there are many professionals who are offering their service to you. But if you want the best results, then you will have to spend some time looking into the best option that you have. Even if you have an attorney in your family, it is not a guarantee that he can handle every legal case that you have.

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.

Other clients find this advantageous. And then there are those that think its not cost efficient. If you want to settle a patent issue and would like to hire someone, be very mindful of how they want to be paid. Some ask for a flat hourly rate while others have this contingent fees. Here are some common issues revolving around this.

Possibility of bigger cost. By agreeing on a contingent fee method of paying the work of a lawyer, there is this tendency that you will have to pay higher out of the full money that you will get once you win the case. This is why it is important to assess how much will be expected to spend if you go for the other alternative which is per hour payment.

Selectiveness of the attorneys. As legal professionals, part of the right that they have is to accept and decline a job. Once they refuse to handle yours, you cannot force them to do so. Attorneys can refuse a case if they are not confident that they can win it. After all, they will not get paid when they lose.

More convenient way of paying. If you pay at an hourly rate, you will need to make the payment for every transaction, or at least at a more regular basis depending on your agreement. Contingent fees on the other hand does not have this problem since all of the fees, if any, can be processed once you already won the case.

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.

Its free of charge if ever you lose. You do not have to fret so much as to the amount o f money that you will have to pay even if the result is unfavorable in your part. With the contingency mechanism, you will not be asked to pay for anything aside from those incurred in trial, when you lose.

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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