There is usually no shortage of lawyers who will take a case with a large retainer and substantial hourly charges, but it is tougher to secure a lawyer paid only if the case is successful. Start by presenting a clear summary. Indicate what documentation supports your claim and, if possible, provide expert support.
Here are presentations that highlight the positive and negative aspects of many presentations:
Good Presentation
“Our company purchased capacitors which were defective. The items cost $121,000, and a replacement contract cost $162,000. We also spent $43,120 in repair and other costs, and have a claim for lost business of $91,410. Our lost business claim is based upon our accountant’s report, and we also have a report detailing the defect in the capacitor. There is a disclaimer in the contract about loss profits.”
Poor Presentation
“This is a very strong case involving outrageous fraud with the sale of blatantly defective capacitors. The defendant destroyed our new business and we seek at least $2 million. The case should quickly settle once you file the claim and we checked with another lawyer who confirmed the case is very strong. I have all the papers and documents so a lawyer can start immediately. I have had several legal cases, so I know exactly what is required.”
Tips for a Strong Presentation
- Begin with a Clear and Concise Summary: Clear claims are appealing to the attorney. 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, and their time commitment makes them less attractive to the contingency lawyer.
- Provide Expert Reports: Many legal cases require expert reports, and their availability is a plus.
- Avoid Exaggeration: Exaggeration can hurt your claim. Present the facts accurately and objectively.
- Ignore Opinions from Other Lawyers Who Rejected the Case: Their action indicates they were not convinced of the claim. Statements about the case from lawyers who rejected it may be meaningless pleasantries.
- Mention Potential Problems Upfront: Mentioning potential problems upfront will enhance your credibility.
- Detail Fraud Claims: 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.
- Provide Necessary Documents: The lawyer will need to gather information and various documents to prepare the claim.
By following these tips and presenting a well-organized and supported case, you increase your chances of securing a contingency fee lawyer who will take your case.
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