ANSWERS TO COMMONLY ASKED QUESTIONS BELOW:

Q
How much does a lawsuit cost?
ALawsuits vary in cost depending on the fee arrangement between you and your attorney as well as the complexity of the case. The traditional pricing method involves billable hours. In this model, attorneys bill their clients in six-minute increments for the time the attorneys and staff spend working on their case. The price is determined by the various attorneys’ and staff’s hourly rates multiplied by the total number of hours worked on the case. You must then add court costs, investigative costs, expert fees, and document production costs. The total of these added costs will vary depending on the complexity of your case.

A recent study by the National Center for State Courts found that for contract’s cases an average of 367 hours was spent taking a case from inception to trial and appeal. However, 61% of those hours were spent in pretrial, trial, and post-trial appeals. Since it is no secret that well over 95% of cases settle without ever making it to trial, in determining the average cost of litigation for most cases it is probably better to look at 39% of the total number of hours or 143.13 hours per case through settlement.

Every case is different. Some cases take much longer to prepare and others take far less. On certain cases, our firm may decide to charge you little to nothing in up front cost and take a percentage of the total recovery. Due to there being many options in legal pricing, it is wise that you consult with an attorney before deciding that it is too expensive to proceed with a lawsuit. Please call our office to discuss the options that are available to you on your case.

Q
Can I recover litigation costs?
AThe standard answer here is, it depends. In breach of contract cases a prevailing party can typically recover attorney’s fees. However, there is a great deal of case law on the subject and winning at trial does not always mean that you recover 100%. Also, there is a line of cases making it difficult to recover attorney’s fees against an LLC due to a modification in the law.
Q
How long will litigation take?
ALitigation takes time and the party that’s in a rush is never in a good position. If you file a lawsuit, in most cases you can typically expect a minimum of six months of litigation before anything is resolved through a non-mediated voluntary settlement. If a formal proceeding is required you can expect 18-24 months.
Q
Should I just file in small claims court?
ASmall claims court is fine if you intend to represent yourself in an attempt to recover any amount $5,000 and under. This is because anything over $5,000 eliminates the defendant’s incentive to pay you. The maximum amount you can seek in small claims court in Texas is $10,000. So, if you are looking to recover $8000.00 in small claims court, the person or entity you’re suing has no real motivation to pay you in a settlement because their worst case scenario is that they only have to pay you $2000 more than what they owe. Their best case scenario is they get to pay you nothing or a substantially reduced sum
Q
How do I get started?
ACall our office and set up a consultation. Be sure to bring any important documentation so that we can correctly evaluate the case. From there we will put together a plan and proceed with the representative relationship.