Fees
Civil Litigation
Whether on the defense or plaintiffs side, we have always been willing to share the financial burden of litigation with our clients, entering into creative fee agreements that tie our fees to our results.
Plaintiffs cases
In plaintiffs cases, B&A typically enters into some form of contingency fee agreement, the percentages of which vary depending on a variety of factors, but primarily, on whether (1) the Firm or the Client pays the expenses; (2) The Firm and Client share the expenses, or (3) the Client pays some portion of the fees hourly (blended agreements). As just one example, B&A recently entered into an Engagement Agreement in a complex commercial case, in which the plaintiff agreed to pay a substantial flat, non-refundable fee and all expenses, every penny of which will be returned to the Client first out of any recovery, before calculating the Firm's 20% contingency fee interest in any settlement or recovery following a verdict. Of course, in qui tam actions, the Client pays only a contingency fee upon recovery.
Defense cases
On the defense side, B&A encourages the Client to blend its agreements between reduced hourly fees and bonuses that kick in at certain agreed-upon milestones, such as settlement at a certain amount. In some instances, a contingency fee will work even for the defense, such as the dollar savings that would result from overturning an adverse verdict. We can also work with our Clients to establish a likely range of damages that would result if a finding of liability were returned against the Client, and establish a contingency fee interest in any savings the Firm achieves by settlement or verdict.
White Collar Cases
The ethics of the legal profession do not allow for any form of bonus or contingency fees in a criminal case. Therefore, our firm enters into one of two fee arrangements. The Client may pay a flat, non-refundable fee or pay hourly fees.