How to Get a Lawyer to Take Your Case (Including on Contingency)

You've called three firms. One isn't taking new matters, one wants a $25,000 retainer, and one never called back. If you're trying to figure out how to get a lawyer to take your case, the problem usually isn't your case. It's how the case is presented.

Lawyers decide in minutes whether a matter is worth their time, and on what terms. Here's what they look for and how to make that decision easy.

What lawyers look at before saying yes

• Liability: how clear is it that the other side did what you say?
• Damages: how much money is at stake, and can you prove it with documents?
• Collectability: if you win, can the other side actually pay?
• Cost to prove it: how much work will the case take? Disorganized cases cost more to run, and lawyers price that in.
• The client: will you be organized, responsive and realistic?

How contingency lawyers decide

A contingency lawyer is paid a percentage of what you recover, commonly around a third and sometimes more, and nothing if you recover nothing. You may still be responsible for costs like filing fees and experts, depending on the agreement. Because the firm takes the risk, contingency lawyers are selective.

Lawyers who work on contingency look for clear liability, documented damages large enough to justify the work, and a defendant who can pay a judgment. If you're the one being sued, contingency is rarely available, because there's no recovery to share. In that case, ask about flat fees per phase, capped fees or a budget.

Other fee arrangements to ask about

• Hybrid: a reduced hourly rate plus a smaller percentage of any recovery.
• Flat or phase fee: a fixed price for defined work, such as a demand letter or a response.
• Capped fee or budget: hourly, but with a cap or an agreed budget per phase.
• Third-party litigation funding: an outside funder pays fees in exchange for part of the recovery, usually for larger commercial claims.

How to pitch your case

Send a short case pitch, not a pile of documents. Share a summary first, and the full record only once a firm is interested and you've discussed confidentiality.

• A one-page summary: the dispute in two sentences, the timeline in ten lines, what you're asking for.
• A damages summary: the amount and the math, with the documents behind each number.
• A note on the other side: who they are, their size, anything that bears on whether they can pay.
• What's already done: "a sourced chronology of 120 events and an evidence log of 340 documents, ready to share."
• The ask: the fee arrangement you're looking for, stated plainly.

That last point surprises people, but it works. A lawyer who sees an organized record knows the case will cost less to run, which makes contingency, a flat fee or a reduced rate easier to agree to.

Where to find lawyers to pitch

• Your state or local bar association's lawyer referral service. In California, use one certified by the State Bar. Many offer a low-cost first consultation.
• Firms that already handle your kind of dispute: search for the type of case and your county, and look for business litigation practices.
• People you trust: your accountant, banker, other business owners and lawyers you know in other fields.
• Pitch three to five firms, not one. Terms vary widely, and comparing them is how you find a fair deal.

If you can't afford a lawyer

Start with your bar association's referral service, ask firms about limited-scope help for specific tasks, and look at legal aid organizations if you qualify. Whatever you do, organizing your records first lowers the cost of every option.

The Legal HQ Starter Kit includes a full case pitch packet template, the cover email to send firms, and step-by-step instructions for building the organized record that makes lawyers say yes.