Our fee stays the same whether a case settles before a lawsuit or after one is filed.
I don’t criticize lawyers who have a fee that increases when suit is filed. There are legitimate reasons for structuring a fee agreement that way and I think it’s completely reasonable.
For us, though, one flat fee has always made more sense.
First, clients almost always remember the lower percentage. Even if you explain the fee increase at the beginning of the case, by the time litigation becomes necessary months later, many have forgotten. That can create confusion and friction at exactly the wrong time.
More importantly, I never want a client to hesitate when I recommend filing suit.
If I believe litigation is the best path to maximize the value of a case, I don’t want my client wondering whether we should wait just to keep the fee lower.
And I certainly don’t want anyone questioning whether my recommendation to file suit is influenced by the possibility of earning a higher fee.
When we recommend litigation, I want our clients to know there’s only one reason: Because we believe it’s in their best interest.
What do you think? Join the conversation with me on LinkedIn here.
