Civil Litigation: Plaintiffs

Berg & Androphy has always been willing to share the financial burden of plaintiffs litigation with our clients, entering into creative fee agreements that tie our fees to our results, usually some form of either blended hourly and contingency fees or straight contingency 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 this payment will be returned to the Client first out of any recovery, before calculating the Firm’s reduced 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.

Civil Litigation: Defense

On the defense side, Berg & Androphy charges straight hourly fees but also encourages clients to blend their 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.

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, at the firm’s discretion.