Legal Question in Business Law in California
I, as a pauper proper, filed a civil fraud complaint with a 206 million dollar prayer in the San Diego Superior Court, which was demurred. The demurrer makes no citation of frivolity. I haven't the legal capacity to litigate the case any further. Are there any lawyers willing to consider working this business litigation case on a contingency?
2 Answers from Attorneys
If it is reallybthat bigand you have a viable case, call some local attorneys for a look at it...
The size of the prayer is not a relevant consideration to determining whether a lawyer will take your case on a contingency. It also isn't relevant that the defendant said nothing about frivolity in its demurrer. The question turns on (a) whether there is a good probability of liability; (b) whether there is a good probability of receiving a damages award; (c) whether the defendant can pay those damages (either directly or through insurance); and (d) whether the lawyer has the time and financial resources to handle the matter.
You need to contact lawyers, give them a copy of the complaint and demurrer, speak with them at some length to give them the facts and let them investigate the claim, and decide if you can work with any lawyer who agrees to represent you. You also need to listen to any lawyer who tries to give you a frank evaluation of your claim.
I have done business cases on at a partial contingency and continue to accept them on this basis, but they need to meet the criteria set forth above. Many others do the same. My experience, however, is that the number of lawyers who will take a business case on a 100% contingency is rather small. You should therefore be prepared to make a financial investment in this case.
Given that there is a hearing date on the demurrer, you need to act quickly. You may even want to consider hiring a lawyer on a limited-scope basis to oppose the demurrer and/or help you amend your complaint while you seek permanent representation. Many lawyers, including me, provide representation on that basis. Please note, however, that your fees in this case will likely be on an hourly basis, and not on a contingency.
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