Why Litigation Price Uncertainty Kills Businesses


The driving force of every business is budgeting and risk management. We see it manifested in inventory control, management of payroll & staffing, evaluation of overtime, and factoring in risks & cost drivers into bid out a project or contract. Yet, when it comes to working with your lawyer on a lawsuit (often a necessary though unpleasant aspect of being in business) business are left dangling in the wind. No opportunity to budget, no opportunity to engage in appropriate risk management.

This is not just frustrating and anxiety inducing for business owners, it is counterproductive for their business and for their decision making process. Once a lawsuit begins, it has to be resolved in one of three ways:

  1. Dismissal
  2. Settlement
  3. Trial

In order to make rational choices along the way, the business needs to know what the lawyers’ fees will be to reach each of the steps along the way, and the risk of the various potential outcomes.

Lawyers have traditionally excelled at the latter, giving their clients good & rational advice about the risks involved in their case, and helping them assess those risks. Where the profession has routinely failed businesses is in budgeting.

The meter just runs and it costs what it costs. We decided enough is enough.

Halling & Cayo’s Business litigation team is now offering flat fee litigation pricing. Using our own proprietary algorithm we will give a unique and custom price for your case that will break down the cost at every phase all the way through trial. This is not an estimate, or a best guess, but a promised fixed price for your case. You can learn more about it at www.hallingcayo.com/flatfee.

This approach solves the other piece of the equation, risk and price. Now, businesses working with Halling & Cayo S.C. can make rational choices about their budget, their risk, and how to resolve their lawsuit not using guesstimates or uncertainty to drive their decisions, but a defined and fixed cost. A lawsuit can be frustrating enough, adding in a death by a thousand cuts in irregular and unpredictable legal fees from your own lawyer is torture. Being able to turn a lawsuit into another business decision, “X (risk) times Y (expected cost) = Z (desired outcome)” is critical. Moving towards a true fixed fee for business litigation will allow that to happen.”