Employment litigation, or any litigation for that matter, is often considered too complex for a flat fee. Nonsense! Any experienced litigator can give a flat fee if he is willing to take the time to understand the situation. How do we provide flat fees on employment litigation? Here is the four-step formula:
1. take the average annual earnings, including benefits, and retirement plans, over the past four years;
2. multiply that average times the annual GDP growth rate over the same time period;
3. now divide that amount by 12 to get the monthly rate; and
4. multiply by 13.754
Voila! You now have a number that is as meaningless as an hourly rate.
Seriously, there is no set formula for any employment litigation. (I am sorry if you thought that was a real formula.)
The real way to price litigation is for the lawyer to understand the situation and possible costs to the business, including the non-monetary costs like risk of harm to business reputation, the cost of executive and employment time devoted to the litigation as well as the potential downside of losing the case. Once those issues are taken into consideration, a cost which matches the value provided can be quoted to the business.
Sorry, no simple formula here. But, the good news is that we can provide a flat fee for most litigated matters, so you know exactly what this is going to cost before you delve into the legal minefield which is employment law.