Tuesday, April 14, 2009

How Do Lawyers Set Fees?

That Unsettling Feeling from IP Litigation Lawyer & Attorney may not answer that question but it hits some important points:
"There are a lot of questions we consider before taking a case and certainly before filing a complaint. Most important is, does the case have merit? Second, are potential damages sufficient to make it worthwhile? Very important is whether the defendant can actually pay if judgment is obtained? However, one question that NEVER gives us any pause whatsoever is, 'will the defendants put up a fight?' Of course they will. That is ALWAYS a possibility, and a company's reputation for defending cases vigorously simply does not enter into the calculation. Facing defense counsel and their defenses is just part of the game.

Having now been on the plaintiff's side for quite some time, I feel somewhat foolish recalling the principled speeches I once gave corporate clients regarding the need to stand up and send a strong message to the plaintiff's bar. In reality, my opponents did not care about reputations, 'messages' or the perceived nastiness of defense counsel."


I understand a big firm lawyer's need to hit his numbers and bring in the cash. And fighting cases is what we lawyers do, on both sides. But rational business decisions by clients should be based on more than silly claims about "messages" and "principle" and so forth. You'd think that people smart enough to get rich in the first place would know when their lawyers are blowing smoke.

Again, the overwhelming majority of cases settle, and they usually do so when when clients wake up to where their true interests actually lie.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.