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Litigation - Attorney Fees
Intellectual property litigation can be costly, time consuming and complex. IP owners often place their copyrights or trademarks at risk when pursuing infringers. The personnel and opportunity costs associated with pursuing or defending an IP claim can be substantial. Prudence is best when approaching and planning such an endeavor.
Before being retained, Hopkins McCarthy's lawyers will assist you and your company in analyzing any potential claim or defense. This analysis begins by asking one simple question: What result does the client wish to achieve? Proceeding without first answering this question is like setting out on a long journey without a firm purpose or destination. The "destination" usually dictates the mode and method of transportation available, and the length and difficulty of the trip.
Once the sought-after result is identified, whether a license agreement, judgment, temporary restraining order, injunction, money damages or seizure of goods, we get to know your business. Where are you located? How many people do you employ? What goods do you make or services do you provide? What is the scope of the industry in which you trade? How does your company fit into this industry and market?
The next step is to become acquainted with the dispute at hand. What products, services, marks or other intellectual property is involved? Is there a past or on-going relationship with the adverse party? Are there business reasons to continue this relationship? Has your company entered into contracts or licensing agreements with the adverse party? What is the nature of the alleged wrong being committed? What legal issues are involved? What claims can be made or defenses raised?
Once our lawyers are familiar with your company, its market, the problem and the desired result, we map a strategy with you. Can this problem be resolved short of litigation? Are arbitration or mediation viable options? Do we have a choice of venues for bringing a potential claim? Can an action be commenced with the International Trade Commission or the U.S. Patent and Trademark Office, in lieu of filing a lawsuit in District Court? How long will a resolution take? What resources will be required in the course of litigation to develop necessary claims or defenses?
We then develop a budget with you for proceeding with the IP litigation. This includes a discussion of billing methods apart from the traditional hourly fee model, such as fixed fees, contingent fees, progressive fees, or a combination thereof. Our goal is to develop a comprehensive plan with you which removes the financial uncertainty associated with retaining counsel to represent you or your company in litigation.
Then and only then is it appropriate to discuss and finalize the terms of a retainer agreement.