Clear Cases
Lawyers seek reasonably clear cases when working on a contingency basis. If a case has significant factual or legal disputes, estimating the time required becomes challenging, making it less likely for a lawyer to take the claim. Sometimes, despite some disputes, a lawyer can get a good idea of the claim and handle it. However, underestimating factual problems makes this task more difficult. Here’s an example:
Case Example
- Claimant: Smith presents a claim for $100,000, stating the buyer failed to pay for goods delivered.
- Defendant: The buyer counters, claiming the goods were defective.
Presenting this as a clear-cut case underestimates the practical difficulties. For instance, if the seller provides his attorney with an invoice showing the amount of the claim and a letter requesting payment but omits the product defect issue, it misleads the lawyer. Conversely, the buyer might portray the case as straightforward from his perspective, claiming he has evidence of the defect and documented his complaints.
Detailed Information is Crucial
For a lawyer to handle a case on contingency or provide a reasonable hourly estimate, they need detailed information about the claim, such as:
- Nature of the defect
- Any expert or objective proof available
- Industry standards
- Buyer’s background and other relevant material
Claiming a case is simple can complicate matters for the lawyer, demonstrating a basic misunderstanding of the legal task at the onset.
Understanding why lawyers turn down contingency cases can help claimants provide the necessary details to make their case more appealing and manageable for legal professionals. If you have a potential claim, ensure you present a clear and comprehensive view of the facts to increase the likelihood of acceptance.
If you need assistance evaluating your case, our legal team is here to help. We work on a contingency basis, ensuring you face no upfront costs.
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