Contact Us:

Walsh Law Firm
250 Lafayette Circle,
Suite 200
Lafayette, CA 94549
Tel. 925-284-7400
Fax (866) 406-8863

Budgeting for litigation

The cost of litigation is often swept under the rug when discussing a dispute with the client. At the Walsh law firm, we are upfront with the client as to the costs of litigation.


First, the most significant element of the litigation budget our legal fees. We insist upon a straightforward written contract with each client. This contract sets forth the basis upon our legal fees. Depending on the matter, we will handle the case on an hourly basis, a contingency basis or some combination. When a case is handled on an hourly basis and it nears trial, we will agree to convert the case to a “per diem” basis. This provides the client with a clear predictable legal fee expense.


We are agreeable to providing budgets for legal fees for clients. However, because litigation can often be unpredictable, the Walsh law firm finds that monthly budgets prepared in advance are often the most accurate.


Because we are a small firm with substantial experience, we find that we are able to handle sophisticated complex litigation less expensively than larger firms.


Second, when clients begin litigation, they often do not fully appreciate the role and costs of experts. We have substantial experience dealing with experts. In order to control the costs, we insist that each expert sign a retention agreement and that we approve all work in advance. Because of our experience, we also know when it is best to retain experts in various cases. Some cases require that experts be retained before the case is filed while others allow us to defer the retention until shortly before trial. We discuss all of these options with each client as the litigation progresses.


Third, the routine costs of litigation can be extremely expensive. In California, filing fees often exceed $500. In order to file a motion for summary judgment, the filing fee is $500. We can assist the client in in outlining the fees and projecting them forward at the outset of the case. The client can then make very sophisticated decisions about what kinds of actions that wishes to take.


At the Walsh Law Firm we help the client the budgeting process as a decision tool in any litigation.