Common Issues Involved In 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.

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.

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.

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.

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 of earning is negotiable. The usual rate of the division is one third of the entire earning. However, it is open to negotiation. Some attorneys may also charge higher than this considering the other expenses that they have spent while working on your issue.

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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