It’s time for a NEW way to price litigation.


When you’re charged by the hour, you might have a ballpark figure in mind, but we have seen too many Business Litigation cases where costs jump from the tens of thousands to hundreds of thousands in what seems like the blink of an eye. Our team has suffered this same uncertainty, and your lawyer charging by the hour will often, at best, give you a rough estimate “I expect somewhere between $150,000 – $200,000.” Who bears the risk if that estimate is wrong? You, the business owner. We decided to change that.

Our job as lawyers is to guide you and your business through the process and help you predict the likelihood of a given outcome and what that might cost you. Why is it that your lawyer can’t tell you how much his fees are going to be? Here’s a hint: For a very long time, all law firms simply bid out a price for a job or case with the client: they gave a clear and upfront price for their services. Then, sometime in the 1950s, a study came out that said lawyers who bill by the hour make more money. Let me repeat that, lawyers switched to bill by the hour because they could make more money. It was not because it was better for clients, or that it better aligned the client’s interests with their lawyers.

We finally said, enough is enough.


With a Flat Fee, you’re better positioned to negotiate your dispute.

If hundred million dollar construction projects managing years of work and thousands of people can be broken down and be negotiated through a bid process, there is no reason that lawyers can’t take their knowledge, data, and experience and output a flat fee for your business lawsuit. No one is in a better position than your lawyers to calculate the likely costs. At the end of the day, why should you, the client, bear all of the risk in your lawsuit?

The reality is, we have to look at a lawsuit like any other business transaction. That process starts with knowing what your costs will be, which we can now provide through our Flat Fee Litigation pricing model.

With a Flat Fee established—whether Plaintiff or Defendant—you are in a powerful position to negotiate your dispute. Unlike the other side, you know exactly what your litigation will cost and thus can make an informed decision for resolution. When we assess what you want to accomplish, keep your ultimate business goals in mind, and resolve your dispute as quickly as possible for the best possible outcome, we can focus on how to best gain that necessary leverage to resolve the dispute, not how to find a way to bill more time to the file.


Utilizing years of data and our own algorithm, we determine a truly fixed budget for your case. We went back through years and years of data for our cases, breaking them down into data that the computer could consume, listing out key tasks, how far the case went, the amount in controversy, etc. We then partnered with a local firm, Neighborhood Analytics, LLC and their data scientist, Joseph Cera, to develop a machine learning algorithm that would allow us to provide customized flat fee quotes for each new case. The more we use it, the more accurate it will get as we feed more data back into the program to continue to refine our results and improve our model. Click here to see a comparison of actual hourly cases v. flat fee.

This is not a menu of prices for tasks, or some kind of one-size fits all. We will provide a customized quote for each customer and each matter. We will sit down and meet with you to discuss your matter, the expected scope, the amount in controversy, and the main issues involved. From there we will put together a unique quote for your matter all the way through trial. Payment obligations will be broken up into phases throughout the process, meaning that you still maintain the benefit of settling your case before trial while getting the upside of knowing there is an absolute cap on your legal fee exposure. We have worked hard to minimize any change orders or adjustments that might be necessary. To learn more about how this model could work for your case, contact us for a FREE consultation ›

A fresh perspective: Move the focus back to your case.

What most businesses want is a quick and decisive resolution to their dispute. Everyone understands they can’t win every lawsuit, but they can manage them efficiently, cost-effectively, and intelligently. Because our fee structure is split into phases, you get the best of both worlds: the certainty of price while still retaining the benefit of early resolution of your case. Our system aligns our interests with our clients. Working on a flat fee means we have every incentive to avoid unnecessary or wasteful litigation tactics, and instead focus on what matters: get your case resolved as quickly and efficiently as possible.

You have our support, our transparency, and our dedicated action.

The business litigation team at Halling & Cayo S.C. focuses on serving business owners and corporations in Milwaukee, Wisconsin. Our goal is to avoid the stodgy attorney-client “this is what you should do” mentality and strive for a more expansive and collaborative approach that keeps your profitability in mind. We strive to remember why you are in business. It isn’t to avoid liability (as many attorneys seem to see it); you’re in business to make money.

Attorneys Sean Sweeney and Dan O’Brien are both shareholders at Halling & Cayo and the co-heads of the law firm’s commercial litigation practice group. Seth Hill is an attorney and litigator in Halling & Cayo’s business litigation practice group. They have worked together to pioneer the firm’s innovative approach to pricing litigation matters.

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Learn more about Business Litigation and get a better idea of what is involved in a Civil Law suit process. For further questions, contact us for your FREE Consultation by filling out the form below or via phone (414) 271-3400 or via e-mail sms@HallingCayo.com

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