Most lawsuits are going to be horrendously expensive. This is one of the key points discussed in my book “Minority Viewpoint – my experience, as a person of color, with the American Justice System”. Many law firms will not take a case on a much preferred contingency arrangement – meaning where you only pay once your lawyer has won a settlement and then your lawyer gets a portion of your settlement. My lawyer’s firm refused the contingency option to us right from the start. That immediately should have tipped me off that they didn’t believe I had a great shot of prospering in this matter, even though in words they had told me that I had a ‘good claim.’
A contingency arrangement also ensures that your attorney will put in his or her finest efforts, as they will NOT be getting paid unless YOU are getting paid! But many may not agree to a contingency option which would benefit the client. There may of course be exceptions to this rule, such as if you have overwhelming, slam dunk evidence against your opponent; if you were physically injured in an accident; or perhaps if it is a wrongful death lawsuit. The contingency option seems to become more likely under those circumstances. If you are not a celebrity or do not have a special connection with someone at a law firm, you should expect to pay your legal fees out of pocket… just as we did.
Following my experience with the legal system, I have come to conclude that lawyers and lawsuits are primarily for the wealthy and privileged. Had my father and I received a better estimate of the actual costs and expenses involved, I can almost guarantee that I WOULD NOT HAVE FILED THIS LAWSUIT!!!!!!