Is there a practice of demanding lawyer fee discount?

Short intro: our company was sued for alleged patent infringement. We provided all the detailed explanation to our lawyers and plaintiff why patent is extremely narrow and infringement allegations are baseless. Plaintiff ignored our arguments in a way like saying 'I have a patent I don't care for details'. Our lawyers for some reason acted as spineless beings playing by the plaintiffs rules - our lawyers were constantly persuading us to agree to plaintiff's settlement agreement, which obviously was not in our favor. Litigation ended after in-person meeting with plaintiffs and one of our layer whining on how we misunderstand litigation in general and so on. Luckily we had more people on board and we explained that in case of a plaintiffs loss they loose patents (or they are severely truncated) if we (defendants) loose, we loose insignificant part of our income. So the end was dismissal without prejudice.

So the issue with our layers is inadequate representation and disproportionate billing. We'd like to demand a discount from our layers for weak stance and distrust in our arguments. Is this possible and if so how should we formulate our demand?

  • Your question is primarily asking about the process of law and your legal/business relationship with your lawyer. Ask Patents is a community-run website to ask about the patent process or to help find Prior Art on US Patents or Applications. Your question might be a better fit at our Law site, but I have to close this as outside the scope of this site. Sorry about the confusion. Commented Jul 28, 2015 at 14:15


Browse other questions tagged .