Monday, May 25, 2015

Popular Client Issues Related To Contingent Fee Patent Litigation

By Winifred Christensen


Filing a formal complaint against somebody or any entity that has done you some significant damage can be complicated. There are documents that you will have to process. Asking the help of a skilled attorney to handle all the legalities will be a good way to do it. All you need to do is to present your deal and see if they are willing to take it.

Among the complex cases that you can encounter will be those things that are related to patents. Whether its a name of a company, ownership of a product, design, logo, and any other things, patents have to be secured under your name to make sure that no one else uses it. Contingent fee patent litigation is one option that clients have as to the mode of payment that they will have to agree on with the lawyer.

As the client, you are also in charge of deciding whether or not an attorney is the best pick.There are other considerations that you will have to look into. Before agreeing on a contingent fee mechanism, might as well get to know some factors about it.

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.

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.

More convenient way of paying. If you pay at an hourly rate, you will need to make the payment for every transaction, or at least at a more regular basis depending on your agreement. Contingent fees on the other hand does not have this problem since all of the fees, if any, can be processed once you already won the case.

You can negotiate for adjustments in the allocation of the percentage. It should not surprise you if you find different firms asking for one third of the full portion of the money that you receive. Its the common rate. But do not hesitate to negotiate especially if you find it very expensive.

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.

Be a responsible client by making sure that you are aware. Do no just let anyone handle your issue. If you want to win and own the patent to something, you must fight for it alongside a trusted and competent attorney. Choose wisely. If you need assistance on the search, do not hesitate to ask recommendations from the people you know.




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