Frequently Asked Questions About Litigation

Is there any way to contain the costs of litigation?
Absolutely. We understand that not all of our clients have the financial resources to undertake full blown litigation, where cases are overstaffed and work that is marginally beneficial is performed just to ensure that nothing is missed. At Caswell & Cannon we tailor our work to your budget and prior to undertaking a matter, we will sit down with you to discuss what is necessary to properly prosecute or defend a lawsuit on your behalf and what can be eliminated to avoid unnecessary costs that contribute little to the eventual success of your lawsuit.

What does it mean when a case is taken on contingency?
A contingency case is one where your fee is a percentage of whatever is recovered on your behalf. The actual percentage is based on the amount of work necessary to bring the matter to a successful conclusion. If Caswell & Cannon is unable to secure a recovery for you, there is no fee for our work.

Will you take any case on a contingency fee?
No. We understand that litigation can be rather expensive, however, some cases do not lend themselves to contingency fee arrangements for a variety of reasons. Some of you will be contacting us because you are getting sued for one reason or another. Perhaps a former business partner claims you did something wrong. As a defendant you would not be entitled to a recovery, so a contingency fee arrangement makes no sense. In other matters, you may want to sue someone but the damages you seek to recover will not be the type of damages that permit a contingency fee arrangement. This is something we would discuss with you at the time of contact.

What is a modified contingency fee arrangement and how does that work?
A modified contingency fee arrangement is one where Caswell & Cannon is paid both an hourly fee for its work, along with a percentage of whatever is recovered on your behalf. Some matters do not lend themselves to a pure contingency fee arrangement because the potential recovery is not that substantial. To enable you to afford the litigation, Caswell & Cannon will charge you an hourly rate for work performed that is substantially below its normal hourly rate, in combination with a contingency fee percentage that is lower than our normal contingency fee rates. If we are unable to obtain a recovery for you, your legal fees consist only of the reduced hourly rates that you were charged, nothing more.


Frequently asked questions about transactional work:

What is transactional legal work?
Transactional legal work is the process of negotiating and preparing legal documents such as buy/sell agreements, real estate purchase agreements and agreements of any kind. Transactional work also consists of forming corporations, limited liability companies and other business entities, as appropriate, drafting corporate minutes, and advising you in innumerable ways as to how to either grow or maintain your business.

Can you help me buy/sell a business?
Yes, absolutely. Our firm has been involved in over one billion dollars worth of business deals of varying natures, i.e., international manufacturing companies, real estate purchases or sales, office tower sales, the development and sale of condominium complexes and helped create the legal model for acquiring, developing and marketing time share projects. We represent business people, doctors, other professionals and people from all walks of life with their business needs.

Can you help me deal with all of the government agencies that regulate my business?
Absolutely. At Caswell & Cannon, we view our relationship with you to be of paramount importance and we have found over the years that it is easier for us to roll up our sleeves and dive into the permitting or regulation process that applies to all businesses. We look at this aspect of your business as an area where we can be particularly helpful.

How do we get started:
To obtain legal representation, all you need to do is give us a telephone call. Tell us what is on your mind and we will let you know if we can help you. If we can help you, we will set up an appointment to meet with you to explore the matter further and to sign an appropriate representation agreement. Once we have a proper agreement in place, we will immediately get started on your matter and will regularly keep you informed of the progress we make on your case.