HOW WE WORK
WHAT WE MEAN BY “RESULTS DRIVEN REPRESENTATION”
We are driven to achieve positive results for our clients. Our goal is to achieve a fast and fair resolution to each client’s case – obtaining the compensation they are legally entitled to in the most effective, ethical and efficient manner.
CONTINGENT FEE REPRESENTATION – NO FEE IF NO RECOVERY
The most common question and concern potential client’s have is – Can I afford to hire a lawyer?
Depending on the type of case and the financial situation of the client, attorneys may be hired to work on an hourly rate, a flat fee or on a contingent-fee agreement.
In the vast majority of cases (including: personal injury, wrongful death, overtime pay and most employment law claims) we represent clients on a Straight Contingency Fee Basis. This means that there are no up-front costs and the client does not pay any attorneys fees or case expenses unless and until we get results and obtain a recovery in the case. Attorneys’ fees are paid out of a percentage of the recovery/settlement obtained.
More often than not, it is this contingent fee agreement that allows our clients access to the justice system when they have viable and meritorious claims, but would not otherwise be able to afford an attorney.
The benefits of contingency fee arrangements include:
- If there is no recovery, the client owes the attorneys nothing for their work – so the attorney has every incentive to “win” the case.
- The interests of the attorneys and the client are perfectly aligned, with both sharing in the potential risks and rewards. Unlike other arrangements such as hourly billing, the best outcome is obtained by efficiently (managing expenses) resolving a case as promptly as possible and for as much as possible.
- Confidence in the case and a successful result. When an attorney agrees to take a case on a contingent fee basis, he/she is expressing confidence in the case, as he/she must believe the case will be “won” and provide adequate compensation for all of the time, effort and money that will be invested in the case (and lost if the outcome is not successful).
The Texas Supreme Court has recognized need for and the benefits of contingent fee agreements:
…[T]heir primary purpose is to allow plaintiffs who cannot afford an attorney to obtain legal services by compensating the attorney from the proceeds of any recovery. The contingent fee offers “the potential of a greater fee than might be earned under an hourly billing method” in order to compensate the attorney for the risk that he or she will receive “no fee whatsoever if the case is lost.”… This risk-sharing feature creates an incentive for lawyers to work diligently and obtain the best results possible.
The Rules of Professional Responsibility that apply to lawyers requires that a contingent fee agreement be in writing and clearly explain the percentage of the eventual settlement or judgment that will be the attorney’s fee. Therefore, the details of a contingency fee agreement are spelled out in a written contract (often referred to as a Professional Services Agreement or Fee Agreement) between the attorney and the client. The agreement will state the terms and conditions of representation and how attorneys’ fees will be calculated.