Fee Arrangements

We represent most of our clients on a contingency fee basis. This means that we do not charge our clients an hourly fee for the work we perform. Instead, our fees are based on a percentage of the recovery we are able to obtain for our client. If there is no recovery, then there is no fee. The contingency fee compensates us for our time pursuing claims on our client’s behalf, from pre-filing negotiations through filing the lawsuit, discovery, motion practice, and, if needed, trial. The contingency fee also compensates us the risk we assume of not being paid for our work until we obtain a recovery. However, the contingency fee does not compensate us for the out-of-pocket costs we incur pursuing a case. These costs vary from case to case and may include charges for court filings, court reporter services, expert witness fees, and mediation services. We do not benefit from these costs. Our firm typically advances these costs so that our clients do not have to pay them while they are unemployed and pursuing claims against their former employer. However, our clients remain responsible for reimbursing us for these costs.

In deciding whether to offer representation on a contingency basis, our firm considers many factors, including: the facts as presented by the potential client, documentation relating to the client’s case, the law, the employer, our professional opinion as to the likelihood of success based on all of the information available to us, and the potential damages that may be obtained, such as lost wages and benefits, emotional distress, and so forth.  We do not take a case on a contingency basis that we are not prepared to litigate through trial, if necessary; our goal is to get our clients the best resolution possible, whether that is prior to filing a lawsuit, during litigation, or through a trial.

On occasion, schedule permitting, we provide legal representation on an hourly basis, primarily to clients who need help with a discrete matter, such as reviewing a severance agreement. We may also provide advice and counseling on employment-related matters, such as making a request for a reasonable accommodation or reporting harassment.

If you contact Minnis & Smallets by telephone (415) 551-0885, or through our contact link, we will obtain information from you to assess if we are able to offer a free consultation.