Contingency Fee Pricing
The Law Office of Patrick K. Elliott, PLLC is, dedicated to transparency. As such, the firm’s fee structure is provided right here on the website for all potential clients to see.
In a majority of employment cases, employees who have families to provide for had their rights violated by their former employer. Understandably, this hurts people financially, so it’s understandable that many people cannot afford a lawyer. That’s why I take cases primarily on a contingency fee basis and charge you no upfront fees.
This means that, if I take your case, you pay nothing unless you win. I advance my time and the litigation costs, and then take a portion of what you recover and reimburse ourselves for the litigation costs we advanced.
The rest belongs to you!
How a Contingency Fee Agreement Works
If you win, there are two amounts deducted from your recovery before you receive it: the attorney fees that compensate me for our work, and the costs of any litigation or case expenses the firm advanced on your behalf.
All contingency fee agreements with the firm plainly state that if you don’t recover from your former employer, you pay no costs or fees.
– 33% + expenses if your case settles before it proceeds to formal litigation;
– 40% + expenses if your cases settles or you obtain a favorable jury verdict after formal litigation has commenced.
Once again, you pay no upfront costs or fees and owe the firm nothing if you don’t win your case.
Attorneys Fees in a Contingency Fee Agreement
In a contingency fee arrangement we only get paid a percentage of what is recovered in your case. If you don’t win, we don’t get paid.
If I accept your case on a contingency fee basis, our attorney fees are 33 and 1/3% of the total recovery if your case resolves before a lawsuit is filed, before the formal initiation of arbitration proceedings, before the formal initiation of proceedings with governmental agency, or before the filing of some other type of complaint.
If your case resolves after that time, our attorney fees are 40% of the total recovery in your case. The firm also offers alternative payment arrangements.
How We Split the Recovery in Contingency Fee Cases
If we recover fees or costs on your behalf, the the firm’s attorney fees will be the greater of either: a percentage of the total recovery, or the attorney fees designated in a settlement, order, or award.
This means that, in some cases, the employer will be responsible for paying all of our fees and expenses and the client gets to keep the entire amount of their damages. While this is the preferable outcome, litigation is inherently complex and uncertain.
Other Expenses in Your Case
The costs of pursuing a lawsuit are not limited to attorney fees. Many cases require the payment of a variety of legal expenses. In most cases, the Firm will advance litigation expenses in the event a lawsuit is filed on your behalf while the firm represent’s you.
The firm does not profit from these expenses, we deduct only the actual cost actually advanced.
Litigation expenses can include, among other expenses, the following:
Filing Fees: Every lawsuit involves a number of court filings, each of which cost money to file. For example, courts in throughout Florida charge hundreds of dollars to file the initial lawsuit documents.
Process Serving Fees: In most cases, the opposing party needs to be formally served by a process server. These fees can be several hundred dollars or more depending on the number of people you need to sue and how difficult they are to locate.
Deposition Fees: A deposition is a type of recorded interview that attorneys conduct when preparing for a trial. It allows us to question important witnesses in your case. The fees to conduct a deposition vary depending on how much time the deposition requires.
Mediation or Arbitration Fee: In some cases, forms of alternative dispute resolution must be pursued. These situations often arise when, as part of an employment contract, the employee has signed an arbitration or mediation agreement. Mediation and arbitration can be costly.
Expert Witness Fees: Expert witnesses can help support certain aspects of a cases. Hiring them as consultants or witnesses is not free. The most common expert we consult are medical professionals in wrongful termination or disability cases.
This is not an all-inclusive list. However, as a general rule of thumb, the longer your case takes to resolve, the higher the fees will likely be.
Pay Nothing If You Don’t Win
If your case is unsuccessful (meaning, no recovery is obtained in your dispute), the firm bears the risk of losing any of the litigation expenses it already paid for. So, in the event you recover nothing, you don’t have to pay the firm back for any expenses that the firm paid during the litigation in your case.
Because the firm faces a significant risk in taking on cases, I’m often very selective. This means that I usually won’t file a lawsuit in a case unless I think there is a strong chance it will win.
Of course, the outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case. As such, I never make any guarantees, warranties, or predictions about the outcome of your legal case.
In some unusual cases, a defendant will decide to file a counter-claim or seek attorney fees from a losing plaintiff. While I try to avoid taking cases where that is a risk, if it does happen, my representation does not extend to defending against any cross-claims or counter-claims (unless we’ve specifically agreed to that). Nor am I responsible for any award of fees or costs against our client, unless specifically ordered by the court.
Choosing an Attorney
The costs and expenses of every employment law case will vary from case to case. The best fee arrangement will depend primarily on what you are most comfortable with and what you can afford. Fortunately, our fee arrangements make representation available for many aggrieved employees.
If you are interested in learning more about the costs of hiring an employment lawyer, please call today at (800) 563-1409 to schedule a consultation today.