Legal Question in Entertainment Law in California
Unfair Business Practices - Entertainment Law
If someone has grounds for an out-of-court settlement of between $100,000. and � million dollars, but cannot afford the legal fees to initiate the process, what is the best way to find an attorney who will handle the case on contingency? This is a case involving an incident of unfair business practices by a literary agent located in the state of California (and possibly subject to California�s
unfair business practices statute Section 17200, prohibiting businesses from engaging in ''any unlawful, unfair or fraudulent business act or practice.'')
2 Answers from Attorneys
Re: Unfair Business Practices - Entertainment Law
I hate to burst your bubble, but everybody thinks theirs is such a terrific case that lawyers will be lining up to take the case on contingency. But this rarely happens except in personal injury cases with clear liability. And unless you have the evidence to support an in-court verdict, you won't be offered an out-of-court settlement. While you are welcome to come to my office and tell me more, and the initial consultation will be without charge, please bring your checkbook.
Re: Unfair Business Practices - Entertainment Law
An out of court settlement is always a compromise position when the Defendant believes an in-court result is either too expensive or too risky.
There's no such thing as grounds for an out of court settlement unless there's also clear grounds for a lawsuit.
Settlements don't happen until after the lawsuit is filed, and attorneys don't generally take business cases on contingency...
What you're really saying is, you want a lawyer to threaten this agent, but you're not willing to put your money where your mouth is.
That being the case, why would an attorney put HIS money (time=money) on the line?