The costs associated with bringing a business litigation lawsuit are typically paid for in one of two ways: retainer or contingency fee. The more traditional method is the retainer agreement. Under this type of agreement, the client will deposit an agreed upon amount, which will then be placed in a trust account for that client. At regular intervals the client will be given a statement of billing and funds will be dawn from the client trust account. Deposits for retainers can vary greatly depending on the complexity of the case.
The second most common form of payment is the contingency fee agreement is used almost exclusively in cases where an attorney represents the plaintiff (the person who is suing for damages, rather than defending). Under this method the attorney and client agree that the fees to be paid to the attorney will be contingent upon a favorable outcome for the client. Thus, if the client prevails in his or her case, the attorney will then be paid a percentage of the recovery. Percentages can vary, and indeed, may change depending upon when the case is finalized. However, contingency fee agreements will typically provide that the attorney will be paid from 25% to 40% of the recovery.
For far too long there has been an unanswered demand for non-traditional methods of payment. Gaston and Gaston has heard that demand, and has been consistently working to meet it by offering combination retainer/contingency agreements, a la carte litigation pricing, and cost lids on each phase of the litigation process.
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The typical length of time from filing a complaint to presenting a case to a judge and/or jury is about one year. However, depending on the ease or complexity of the case, the time can be greatly shortened or drawn out. Though a year is a long time, many California courts are “Fast Track” courts and thus adhere to a fairly strict schedule in an attempt to have business litigation cases progress at a reasonable speed.

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