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mardi 2 juin 2015

Common Issues Involved In Contingent Fee Patent Litigation

By Winifred Christensen


Hiring a lawyer can be real challenging for any client. Unless you have a family attorney, you will have to spend time looking for a professional who is capable on handling the specific case that you have. Plus, not all attorneys take on all types of work. Some of them have specialization. So if the one that you have is not open to the possibility of serving the needs that you have, then you will have to look somewhere else.

If you are living within the city, it should not be so difficult to find a firm that house competent lawyers. Before agreeing on any deal, you just have to verify if they are on to contingent fee patent litigation method. Patent issues can be real complicated depending on the entity whom you are going against with as well. Make sure to verify this information first.

As the client, you are also in charge of deciding whether or not an attorney is the best pick.There are other considerations that you will have to look into. Before agreeing on a contingent fee mechanism, might as well get to know some factors about it.

It can be more costly. One of the issue, which others strongly consider as a disadvantage is the potential high cost that this method can charge. Since you are paying by percentage, then the amount might be greater compared to when you just pay them at an hourly basis.

Lawyers can be selective. Then we also have this issue about the attorneys being selective of what case they take. You cannot force them if they do not want to handy courses. In contingent fees, they will not be paid if they do not produce good results for your case. If you have a complicated situation, then they can refuse the job if they are not confident of winning it.

More convenient way of paying. If you pay at an hourly rate, you will need to make the payment for every transaction, or at least at a more regular basis depending on your agreement. Contingent fees on the other hand does not have this problem since all of the fees, if any, can be processed once you already won the case.

Percentage of earning is negotiable. The usual rate of the division is one third of the entire earning. However, it is open to negotiation. Some attorneys may also charge higher than this considering the other expenses that they have spent while working on your issue.

No fee is paid if you lose the case. You will not have to pay anything in case you lose the case. You may need to pay for the cost of trial but other than that, there are no other financial damages. Of course, this is generally not good news at it means the other party who copied your patent won.

Be a responsible client by making sure that you are aware. Do no just let anyone handle your issue. If you want to win and own the patent to something, you must fight for it alongside a trusted and competent attorney. Choose wisely. If you need assistance on the search, do not hesitate to ask recommendations from the people you know.




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