Finding a lawyer to take on a fraud case can be challenging, especially if you are hoping to work on a contingency basis. This means the lawyer only gets paid if you win or settle your case. Due to the complex nature of fraud, cases can be highly contested and legal fees can easily surpass $50,000 or even $100,000.

Here are some tips to improve your chances of securing a lawyer for your fraud case on a contingency basis:

1. Provide a Simple Explanation of Your Case

A straightforward case is easier to litigate and explain to a jury or judge. Be prepared to present a clear and concise summary of your fraud claim. Note that both federal courts and most states require fraud claims to be pled with particularity. Defendants often file motions to dismiss, arguing that the plaintiff failed to specify the date, time, and place of the fraud in the complaint.

For example, a federal court has stated:

“Rule 9(b) has long required plaintiffs in securities fraud cases to state ‘the circumstances constituting fraud with particularity.’ The PSLRA imposed an additional requirement: whenever plaintiffs allege, on information and belief, that defendants made material misstatements or omissions, the complaint must ‘state with particularity all facts on which that belief is formed’.”

15 U.S.C. § 78u-4(b)(1)

To avoid dismissal, your complaint must detail the facts supporting your belief of fraud, including specifics about misleading statements or omissions.

2. Present Clear Evidence of Fraud

Provide your lawyer with well-documented evidence of the fraud or deception. Your claim should be independently verifiable and substantiated by credible sources.

3. Stick to the Facts

While the law is the attorney’s domain, your responsibility is to present the factual basis of your claim. Avoid discussing legal theories and focus on delivering a detailed account of the events and evidence.

4. Seek Multiple Assessments

If other lawyers have assessed your claim, it can still be valuable to get additional opinions. However, refrain from mentioning how other lawyers evaluated the case to those you are consulting. Each lawyer will conduct their own independent assessment, regardless of previous opinions.

5. Demonstrate Damages

Clearly explain how the fraud has caused you financial loss. Lawyers are more likely to take on a case where the damages are substantial and well-documented.

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