Do you have a business dispute but don’t have the resources to pay large law firm retainers and hourly fees?
Legal services are expensive, especially litigation. Many small and medium-sized businesses have valid claims against customers, suppliers, or competitors, but they may not have the resources to pursue those claims with the attorneys they use for other matters such as business formation or contract review. Many of the firms used for non-litigation purposes are large law firms whose litigation departments are usually defending their clients in complex litigation matters worth large sums of money. When it comes to smaller claims, sometimes it just doesn’t make fiscal sense to allocate tens of thousands of dollars to retainers and hourly fees. However, if you have a valid claim, contingency fee representation from Johnson Tabor & Johnson Law may help you pursue your claims without having to tie up large monetary resources or risk spending large sums without the promise of recovery.
What is Contingency Fee Representation?
A contingency fee arrangement is one in which the legal fees are a percentage of the monetary award achieved on behalf of the client. Personal injury lawyers often represent their clients on a contingency fee basis, which means the legal fees generated from the representation are a percentage of the recovery the attorney obtains on behalf of the injured party. This is very common in personal injury cases because often injured parties do not have the monetary resources to pay retainers and bills generated from hourly legal fees. Many businesses may have retained counsel for a variety of matters, but they commonly hire attorneys on an hourly basis and they may be less familiar with contingency fee representation. However, there are a number of claims and disputes that have merit and the defendant might have the resources or insurance policies that would pay, but the aggrieved business may not have established legal relationships with lawyers or firms who accept cases on a contingency basis.
What types of claims or disputes does Johnson Tabor & Johnson Law take on a contingency fee arrangement?
The type of claim isn’t necessarily important – we handle all kinds of claims in litigation. However, here are some common types of business disputes that we would consider taking on a contingency basis:
Contract Disputes – Breach of Contract
Service Mark Infringement
Misappropriation of Trade Secrets
Misappropriation of Goodwill
Breach of Fiduciary Duties
How much money must the claim be worth for Johnson Tabor & Johnson Law to accept a contingency fee arrangement?
While the type of claim may not necessarily impact whether we would accept a case, the amount of money in controversy usually will. In addition to the amount of damages sought, other factors such as complexity, proof of liability, and the solvency of the defendant also impact our decisions. There isn’t a simple number or formula that we use to determine case eligibility, but generally speaking we must have a legitimate claim in excess of $15,000 to make it worthwhile for our firm to pursue it. That said, there are limited situations in which a claim may carry with it the ability to seek an award of attorneys’ fees, which may render any dollar figure on the claim less important. The only real way to gauge whether your claim has merit and whether we would entertain its pursuit is to call and speak with one of our attorney about the facts of your case. We offer free case evaluations, so please give one of our attorneys a call today.
Adam P. Johnson is an attorney licensed in Nebraska who currently practices employment, personal injury & construction law with Johnson Tabor & Johnson Law in Omaha, Nebraska. Mr. Johnson is also a founding member and current President of Johnson Roofing & Construction - a small, family-owned roofing contractor in Omaha. Mr. Johnson is a second generation Omaha native and is proud to serve its community with honest and ethical legal services. Johnson's wife, Ande, is an active volunteer in the community and currently serves on the board of the Boys & Girls Clubs of the Midlands, the Rose Theater Family Guild, and in leadership positions with the Junior League.