The Cost of Litigation

Please Note



Nothing on this web site should be viewed as creating an attorney-client relationship between you and our law firm, or any of our attorneys. The information here is general in nature and should not be viewed as applying to your specific circumstances. Only a qualified consumer rights attorney can advise you about your specific situation. Hyde & Swigart are California consumer rights attorneys. State laws, and the interpretation and rulings on federal laws, are different in each jurisdiction. If you feel you need consumer rights legal advice, contact Hyde & Swigart at (619) 233-7770 for a free consultation.



What does it cost for me to get advice from Hyde & Swigart concerning a possible consumer rights lawsuit?

Nothing. You can always call us at (619) 233-7770 for a free consultation. When you do, we will discuss your concerns and possible options available to you - all at no cost.


If Hyde & Swigart does take my consumer rights case, what will I have to pay Hyde & Swigart?

Nothing unless you prevail, and even then we will only take a portion of the final award or settlement. The rights afforded consumers under the federal Fair Debt Collection Practices, California’s Rosenthal Fair Debt Collection Practices Act, and many other consumer friendly statutes, mean that whoever violated your rights must ultimately pay your reasonable attorney's fees and costs, if your case is successful. We don’t charge you our attorney fees or costs unless we prevail on your behalf. If you have been abused by debt collectors, loan representatives, credit repair organizations, or alike, you need not fear calling us. We will listen to you, tell you if you have a case, and give you some options - all at no charge. If you feel your rights are being violated, we urge you to call us at (619) 233-7770 for a free consultation.

There must be costs involved in filing a consumer rights lawsuit, like filing fees, attorney fees, court reporters,etc. Who pays those?

There are costs and fees involved, of course. However, we advance those costs and fees based on the idea that we will prevail and that we will be paid back by any final award or settlement. Because of that, if we agree to take your case you can be sure we believe in it. And, if we are unable to prevail, we will not look to you for reimbursement.

But what if I lose my case?

We are very careful to only select cases we believe we can win, and while no attorney can guarantee any particular result, we believe in the cases we litigate. In the event you are unable to prevail on your case, you will not have to pay our costs or attorney fees. We will pay our attorney fees and our costs out of our own pocket. This assures you that if we take your case we are confident in it, and that we will work as hard as possible for you.



What about non-consumer cases? Do I have to pay then?

Perhaps, but do not worry that you will suddenly discover that you owe us money. We always provide a free initial consultation, and you will always know if you will be expected to pay anything up front or as we go along. The vast majority of our clients never pay anything up front and are not expected to pay unless they win in their matter.

If I have been sued and I want you to defend me, will I have to pay you then?

Possibly, but again, you will know that well before we start. And, as always, we will discuss your case with you without charge at the initial consultation. The reason we sometimes have to charge clients money to defend them against a lawsuit is that we are not normally paid by the person suing, even if we win. However, this is not always the case. Oftentimes the person who is suing you has also violated certain consumer rights statutes that allow us to defend you and still get paid by them. Do not assume that you will have to pay us. Consult with us first, without charge. If we need to charge you something to defend you, we will tell you that at the initial consultation and the choice as to whether to retain us is yours.

How long will my case take?

That is impossible to say right away. Some cases settle very early in the process while others drag on for a long time or go to trial. As a rule, a case that is finished after three months is unusual, as is a case that takes two years. However, there are examples of both. You should assume your case will take between six month and a year. Click here to see how the litigation process works.

Will I have to go to trial?

Most cases settle without a trial, but some cases do go to trial. You should never sue someone thinking there is no chance you will have to go to trial. Often, whether a case goes to trial is due to the desire of the parties. If you are reasonable in your expectations and the other side is reasonable, the case settles. Fewer than 5% of cases end up at trial. Click here to see how the litigation process works.