In the case of an artisan group that only wants to redeem its good name, and to get back to work, is is allowed to motivate attornies by assigning them all the proceeds of an anticipated judgement?
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1This does seem like a question best posited to the lawyer themselves. It is unlikely that they would lie under the circumstances where they have much to gain or that they would risk breaking the law in addition to withholding importance relevant advice from their client (if it is against the law). However, this is probably a good exception to the "don't ask for legal advice" rule. A good answer can only inform the OP and the community about relevant laws. It is not likely that it would discourage the user from seeking professional advice from their own lawyer.– grovkinCommented Jan 8, 2022 at 0:03
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What happens if the artisan group loses the case? Do they purport that the attorneys get nothing?– GreendrakeCommented Jan 8, 2022 at 0:46
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That's right. An attorney who would lose this case is precisely what we prefer to avoid.– Maria AlanizCommented Jan 8, 2022 at 1:25
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There is ample avidence, well organized. An attorney should be able to ascertain if the case accords with the letter of the law. An attorney who would charge the client good money only to lose, would NOT deserve to earn 100% of the judgement proceeds.– Maria AlanizCommented Jan 8, 2022 at 1:34
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@grovkin We were told by a lawyer in Tallahassee Florida that Bar ethics forbids an attorney to receive 100% the proceeds of a judgement. He may have invented this for the purpose of brushing us off (¿) Wouldnt it be preferable to know beforehand? ...so as to not seem to be such an ignorant person if this practice is illegal or considered unethical.– Maria AlanizCommented Jan 8, 2022 at 1:41
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1 Answer
This is what the contingency fees approach is, also known as "no win no fee".
We were told by a lawyer in Tallahassee Florida that Bar ethics forbids an attorney to receive 100% the proceeds of a judgement.
That's correct. From the linked Wikipedia article:
Most jurisdictions require contingent fees to be "reasonable," resulting in a typical contingent fee of 33-45% of any eventual recovery.
That said, the fact that the attorney did not mention that they could possibly receive 33-45% instead of 100% probably speaks of their lack of interest (which in turn could speak of the prospects of winning).
But it'll certainly worth trying more attorneys.
answered Jan 8, 2022 at 3:01
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The Tallahassee Florida lawyer never reviewed the evidence, so the prospect of winning was not a factor. He is a personal injury lawyer so it was not his area of expertise, He did provide us the name of a high-powered Lanham Act attorney in Fort Lauderdale who immediately dismissed our contact, likewise without reviewing the case or the evidence. Commented Jan 8, 2022 at 5:10
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That was Florida. Can we offer 100% of judgement in Ohio or Delaware? Truthfully, we are not interested in the judgment money (even if it were a lot). We want the truth to be known and to curtail this noxious practice of pretending to benefit craftspeople. Most of all to vindicate ourselves and to reclaim our good name and come again into direct contact with the Fair Trade retailers while eliminating the vicious commercial inermediary. We are traditional artisans. Money does not interest us. What interests us is work; reestablishing our rightful place in the market to enjoy employment income. Commented Jan 8, 2022 at 5:22
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@MariaAlaniz If you're so confident that you have a winning case, why not to offer to pay fees regardless of the outcome plus say 40% contingency? Lawyers may be repelled as soon as they hear you are paying no fees but 100% contingency. Commented Jan 8, 2022 at 7:52
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We don't want or need "lawyers who may be repelled", only one lawyer who is ambitious for money, Commented Jan 8, 2022 at 18:00
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As jewelry producers over the past 50+ years, we know that money is not needed to capitalize a viable cottage craft industry. When the buyers can re-sell our products for multiples of six-ten times, they fall over themselves to pre-pay production orders; that is how the local industry has grown to more than 30 thousand+ families during its peak period in the 1970's and 1980's. There was no bank or government financing, no 'foreign investment'. Then, commerical buyers physically came here to get us to make the abalone jewlery or .925 silver jewelry they knew they could profitably re-sell. Commented Jan 8, 2022 at 18:15