Adam Smith Esq. recently discussed a major obstacle to setting a fixed price for litigation: trust.

Sadly, for too many of us, clients don’t trust us with their money and we don’t trust them to reward us fairly.

The view from here in the trenches of flat fee IP litigation is that the trust issue is really about determining what a case is worth to a client.  In order to flat fee a project, you have to be willing to step off the cliff with your client.

The client is never going to agree to a flat fee unless it is convinced the amount invested in legal services (the flat fee) will generate an appropriate return on the investment.   The ROI determination, in turn, is based on the determination of what it is worth to the client to enforce its IP or defend claims brought by others seeking to enforce their IP.  This brings us to the trust issue, and our first  insight:

In our experience, the flat fee lawyer has no choice other than to Continue Reading Trust your client’s instincts