My intellectual property was copied would an attorney be willing to take my case on contingency basis

How can I find an approprieate attorney willing to be paid by the proceeds derived from the issue?
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Answers (5)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
You can start to shop for a lawyer pnce you put your case together, and you haven't provided any facts here, which is fine, as this is a public forum. You need a very strong case to get a contingency lawyer, as well as a very successful defendant, especially if you're not prepared to pay the costs, which can be very substantial. That's why the most common contingency cases are personal injuries, where liability is clear and the main issue to be negotiated or litigated is damages.

Your proposed case is either copyright infringement or idea submission, or implied in fact contract, under NJ law, and these are difficult cases even in plaintiff-friendly CA, in terms of both liability and damages.

If you're serious about shopping for a lawyer, prepare 1) a timeline of events showing the detail of what, when, how and to whom you disclosed your IP assets if they were voluntarily disclosed, and 2) a point by point summary of the similarities and differences of your property and the property that you think infringed yours.

You may or may not have protectible property. You may or may not have an idea that was protectible and protected. These are intensely fact-specific claims, so be prepared to organizae your details for anyone you ask to evaluate your potential case.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Oscar Michelen

Oscar Michelen

Contributor Level 7
It might be easier to find a lawyer who works on a hybrid retainer basis - that is, they will accept a smaller retainer up front to cover the initial hourly costs and then take a percentage of any recovery after they have expended the retainer amount.
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James L Lindon Ph.D.

James L Lindon Ph.D.

Contributor Level 4
You will need to convince a lawyer that you have both the law and facts on your side. Plus, there needs to be enough money.
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Tammy L. Browning-Smith

Tammy L. Browning-Smith

Contributor Level 3
The other issue that will need to be answered is whether or not any filings took place (ie Copyright Registration, Trademark Application/Registration, and Patent Filings).

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Karin Rengifo Alcala Kennedy

Karin Rengifo Alcala Kennedy

Contributor Level 1
My firm took an intellectual property case on contingency this year. In order for an attorney to take an intellectual property case on contingency, the facts have to be clearly in your favor. This is because an intellectual property case can easily cost $200,000 even before getting into the trial stages. However, a trademark case might be less expensive than a patent case, given that a patent case might require experts in the technology, such as doctors (if dealing with medical devices), engineers (if dealing with chips and circuits), or microbiologists (if dealing with chemical compounds).

I recommend you consult an intellectual property firm so they can evaluate your case. I can also take a quick look at the facts of your case (I am an intellectual property attorney).

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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