Friday 29 May 2015

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.

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.

Lawyers can be selective. Then we also have this issue about the attorneys being selective of what case they take. You cannot force them if they do not want to handy courses. In contingent fees, they will not be paid if they do not produce good results for your case. If you have a complicated situation, then they can refuse the job if they are not confident of winning it.

You are saved from the need to immediately pay the attorney at a regular basis. If there is something that clients will love about this method, it will be the fact that they do not have to pay the attorney immediately. Since they on percentages of the payment that you will receive from the other party, you can just pay them after you win your 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.

No fee is paid if you lose the case. You will not have to pay anything in case you lose the case. You may need to pay for the cost of trial but other than that, there are no other financial damages. Of course, this is generally not good news at it means the other party who copied your patent won.

There are many attorneys in different cities. Some of them accept general job requests while others are focused on one field or two. Choose the right one that can offer you the best deal along with the quality service.




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