We are currently involved in some fairly complex Anticybersquatting Protection Act litigation across the country. We’ve been closely monitoring the hourly bills (we sometimes start litigation on an hourly basis until we see where it’s going). The client is an international company that is used to paying hourly fees. The complaint in one case is filed and early motions in play. The client actually requested the other day for the flat fee alternatives.
As we discussed with the client, it was clear that one single factor was driving the client’s decision concerning an appropriate flat fee level. That single issue cost-certainty. Over the next few posts, I will be talking about the flat fee process for complex litigation. Many lawyers say the flat fee model doesn’t or can’t work with litigation. Quite simply, they are wrong. Most likely, they’ve never tried. They’re smatter than they think and the variables really are fewer than most people pretend.