Legal Question in Civil Litigation in New York
fixed fees arent generally used in litigation cases why?
3 Answers from Attorneys
Because it's virtually impossible to predict with any accuracy the amount of work necessary to take such a case from start to finish.
I'll go one step further than my colleague, Mr. Browde. I've taken on cases that I thought would settle in a few weeks that ended up taking years to resolve and vice versa. Also, there are so many variables in litigation: The Judge, the attorneys, the attorneys' staff, the court clerks, the clients, the witnesses, the amount of money involved, the complexity of the isses, even the venue (Queens County processes far more cases than Orange County so litigation in Queens can take far longer.)
Too many people equate litigation with the People's Court or Law and Order where cases begin and end in a day or two. Inasmuch as I love television, it misleads and elevates the expectations of the public, which has a negative impact on the legal industry.
While I agree with my colleagues 100% there are some very limited situations where fixed fees are appropriate such as landlord tenant court, support hearings and sometimes small claims court. If you have a matter in any of these three areas please feel free to contact my firm.