Your first step in seeking contingent representation is to determine if the attorney is open to a contingent arrangement. Many lawyers insist on being paid regardless of the result. This arrangement provides comfort for the lawyer, as they are compensated even if the facts differ from predictions, unexpected delays occur, or unforeseen defenses arise. Most medium-sized and larger firms do not accept contingent cases outside the personal injury area.

Once you find a lawyer who considers contingent cases, how do you persuade them to take yours?

  1. Begin with a Clear and Concise Summary: Clear claims are appealing to attorneys. They can be accurately evaluated, and the time to prepare and litigate them is less. In contrast, cases with many different issues, items, and claims may be difficult to initially evaluate, making their time commitment less attractive to the contingency lawyer.
  2. Provide Expert Reports: Many legal cases require expert reports, and their availability is a plus. If a product is supposed to be defective, is there a report showing why it is defective? If there is a claim for lost profits, does an accountant’s report explain how they are calculated?
  3. Avoid Exaggeration: Exaggeration can hurt your claim. Be honest and straightforward about the facts and damages.
  4. Don’t Rely on Other Lawyers’ Opinions: Other lawyers’ opinions who reject the case mean little. Their actions indicate they were not convinced of the claim, and their statements about the case may be meaningless pleasantries. Mentioning this may diminish your credibility.
  5. If You Have a Fraud Claim: Provide an attachment indicating what was said, when, why it was false, and how you were damaged by it.
  6. Provide Documents: The lawyer will need to gather information and various documents to prepare the claim.
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