Business Litigation Contingency Fee Practice


What are we doing?

Litigation is expensive. But SS+D is dedicated to offering contingency fee options for business litigation. This means our clients do not pay us legal fees based on the hours we work. Instead, clients pay us a fee based on the percentage of any financial recovery we obtain through litigation or settlement. It’s simple – If we do not add value for the client by obtaining a recovery, then there is no fee for the work performed.

Each commercial lawsuit involves different levels of risk. Together, we assess the risk with our clients and then collectively determine whether a contingent fee arrangement makes sense. SS+D has entered into a variety of contingent fee arrangements after determining which is the one best suited for the particular client and dispute. Our contingent fee arrangements are flexible enough to accommodate additional parties such as local counsel, multiple plaintiffs, class actions and strategic alliances with other law firms. We work with you to tailor the right contingent fee arrangement for your circumstance.

There is nothing new about contingency fees. But historically they have been limited to personal injury cases, as the many ads found on television, on the internet, and in the Yellow Pages will attest. What is new, and different, is the way SS+D applies contingency fees to business litigation. Most business law firms have no desire to take on the risk associated with contingency fee matters. But we are willing and able to share the risk associated with litigation with our clients. In the right cases, we agree to be paid for our services only if and when the litigation is successful or in the event of settlement. That can make you a hero, win or lose.

Why are we doing it?

Our focus has always been to take care of the client in the best way we can. We seek to build long-lasting relationships with our clients by bringing value to all matters entrusted to us and helping clients build successful businesses. No client wants litigation. But when your rights, pocketbooks or budgets are challenged, you deserve skilled and experienced legal counsel. Some clients, typically smaller companies that do not maintain large war chests, simply do not have the resources of larger and better funded adversaries. That should not keep them from protecting their interests with high-quality legal representation. Good claims should not be abandoned or settled for pennies on the dollar because a client does not have a large litigation budget.

Even well-funded companies have litigation budget constraints. Every dollar of expense is a dollar that negatively affects profitability. Contingent-fee arrangements permit any company to aggressively pursue claims in a way that enhances its bottom line, by taking the legal fee out of the equation unless there is a recovery.

Because every client deserves skilled and aggressive legal counsel, we offer our clients fee options so they are not forced to abandon their rights or settle good claims for pennies on the dollar. We are not afraid to be compensated based on the results we obtain rather than the number of hours we spend representing our clients. In the appropriate case, a risk-sharing contingent fee arrangement promotes a joint effort by the client and our firm to keep expenses low, to move the case forward towards prompt resolution and to recover as much as possible. In short, a contingent fee arrangement tongue-and-grooves the financial incentives of the lawyer and the client through a joint dedication to efficiently obtain the maximum recovery possible in the shortest timeframe. This alignment of your and our interests can make you the hero.

Why SS+D?

We are respected and experienced trial lawyers with a track record for getting results. Regardless of the type or size of the dispute, with SS+D you will have lawyers on your side who have achieved success for their clients in resolving disputes, both in the courtroom and through negotiation. We work hard to reach an early settlement that meets client objectives when possible. Our adversaries also know we are effective and accomplished trial lawyers who are unafraid of the courtroom if a dispute cannot be settled by other means.

Our attorneys are recognized and respected by their peers. In the last four years, we have obtained more than $20 million in judgments and settlements for business clients and individuals who engaged us in contingency fee arrangements. Our success has been obtained against big corporations represented by some of the largest regional and national law firms in the country. Ask us for more details.

Selecting SS+D means choosing a law firm you can count on to work tirelessly to achieve the best financial results possible and to offer you fee options. We cannot guarantee success on every matter for which we are engaged, but we can guarantee we will regularly communicate with you, be available and responsive to you and provide superior effort. We have the knowledge and experience to guide you through any litigation and help you make smart choices about fee arrangements that best fit your circumstances. We will make your job easier and help make you a hero.

Call us at +1 (937) 222.2500 or +1 (513) 644.8125 or submit the form below.


What’s in it for the client or client representative?

  • High quality legal representation and counseling
  • An experienced, motivated, and successful team of lawyers
  • Ability to aggressively pursue proper claims
  • Payment of fees solely from amounts recovered
  • Ability to direct resources to operations
  • Opportunity to be a hero

Contact One of Our Litigation Attorneys

Please contact Toby K. Henderson or one of the other experienced litigation attorneys at our firm to schedule a free, no-obligation consultation. Call us at 937-222-2500 or 513-644-8125 or contact our firm online. Although our offices are in Dayton and West Chester, Ohio, we handle cases throughout Ohio and around the country.

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What Types of Disputes Can Be Handled on a Contingency Fee Basis?

A contingency-fee can be appropriate in almost any business dispute. Following are a few examples of re-occurring scenarios where contingent-fees may be particularly appropriate.

  • A small business harmed by a larger organization but simply does not have the resources to fight back.
  • A large company under tight legal budget constraints that needs a lawyer/partner to share risk.
  • Recovery of damages caused by the breach of a contract (typically complex disputes involving vendor, supply, distribution, strategic partnership, employment, and company/business partnership agreements).
  • Recovery of damages caused by the misappropriation of company trade secrets by a former employee or competitor.
  • Legacy liability disputes, including indemnification obligations.
  • Pursuit of insurance benefits from an insurance company that wrongly denies coverage.
  • Damage caused by a competitor who is unfairly competing.
  • Royalties and other economic damages from a business using a company’s intellectual property (e.g. patents, trade-marks, trade-dress).
  • Product liability and mass tort actions.
  • Claims brought under the state or federal Whistleblower Protection Acts, Qui Tam Actions, and False Claims Acts.
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