Flat Fee Litigation

It is time for a NEW way to Price Litigation

What do businesses crave? Certainty and the ability to budget. A lawsuit has a lot of inherent uncertainty built in for the likelihood of any given outcome and the magnitude of an ultimate verdict if the case does not settle. There is no reason that the attorneys’ fees should also be entirely uncertain. No one is in a better position than your lawyers to calculate the likely costs and be able to estimate what they should be. At the end of the day, why should the client bear all of the risk in the lawsuit?  

A quick history lesson is worthwhile. For a very long time, all law firms simply bid out a price for a job or case with the client. Giving a clear and upfront price for their services. Then, sometime in the 1950s, a study came out that said lawyers who bill by the hour make more money. Let me repeat that, lawyers changed to bill by the hour because they could make more money. It was not because it was better for clients, or that it better aligned their interests. We finally said, that is enough, and have developed a system to be able to offer a flat fee litigation pricing model through the use of advanced statistical analysis and a machine learning algorithm analyzing past cases to help us bid a price directly for your case, no matter how complex. 

We have developed true FLAT FEE pricing

Of course every business likes to simply bill on a time and materials basis, it is virtually risk free and it is easy to manage. However, we refuse to believe what many lawyers say, that it is not possible to do it for something as complicated as business litigation. The reality is, it’s not impossible, they just do not want to. If hundred million dollar construction projects managing years of work and thousands of people can be broken down and be negotiated through a bid process, there is no reason that lawyers can’t take the knowledge, data, and experience that we have and apply it in such a way that we can offer a flat fee for your business lawsuit. We have done it.

We went back through years and years of data for our cases, breaking them down into data that the computer could consume, listing out key tasks, how far the case went, the amount in controversy etc. We then partnered with a local firm, Neighborhood Analytics, LLC and their data scientist, Joseph Cera, to develop a machine learning algorithm that would allow us to provide customized flat fee quotes for each new case. The more we use it, the more accurate it will get as we can then feed more data back into the program to continue to refine our results and improve our model. 

Move the focus back to YOUR case

What most businesses want is a quick and decisive resolution to their dispute. Everyone understands they can’t win every lawsuit, but they can manage them efficiently, cost effectively, and intelligently. Our system aligns our interests with our clients. Working on a flat fee means we have every incentive to avoid unnecessary or wasteful litigation tactics, and instead focus on what matters, getting your case resolved as quickly and efficiently as possible. 
Our job as lawyers is to guide you and your business through the process and help you predict the likelihood of a given outcome and what that might cost you. Why is it then, that your lawyer can’t tell you how much his fees are going to be? At best you might get a rough estimate “I expect somewhere between $150,000 – $200,000.” Who bears the risk if that estimate is wrong? You, the business owner. We decided to change all of that, and have implemented this flat fee structure, where we put our money where our mouths are. We will quote a total fee, and you will know what your business litigation will cost. This will immediately allow us to focus, with you, on putting all of our energies into moving your case forward effectively and efficiently and focusing on narrowing in on helping you assess the risks and opportunities of your dispute, not running the meter.

We can tell you what your case WILL cost

This is not a menu of prices for tasks, or some kind of one-size fits all. We will provide a customized quote for each customer and each matter. We will sit down and meet with you to discuss your matter, the expected scope, the amount in controversy, and the main issues involved. From there we will put together a unique quote for your matter all the way through trial. Payment obligations will be broken up into four phases throughout the process, meaning that you still maintain the benefit of settling your case before trial while getting the upside of knowing there is an absolute cap on your legal fee exposure. We have worked hard to minimize any change orders or adjustments that might be necessary, basically the only two change orders we are implementing are depositions in excess of the budgeted number and fees for travel days.