There is no single answer to a question about the cost of suing for breach of contract in New York. That is because there are a number of different factors that affect the cost of a lawsuit, including the cost of hiring an attorney. Attorneys do not all bill in the same way or charge the same amount for their services. A local attorney in New York would be able to provide more information about how attorneys bill clients in New York.
It is difficult to say how much it would cost to sue for breach of contract in New York. One major reason is the way in which attorneys bill for their service. Most of them charge an hourly fee. The total cost of their representation in a certain case is going to depend on how many hours they must put into the case.
Some lawyers may charge a single flat fee to represent a client in a breach of contract case. A flat fee covers all of an attorney’s time and effort from the beginning of a case to the end. Lawyers are not likely to charge a flat fee in a breach of contract case, but they might in certain cases. If they are able to predict how much time they would spend because the case is routine, they might be agreeable to a flat fee arrangement.
However, if a lawyer charges by the hour, then it is difficult to predict what the total cost of the lawyer’s fee will be in a case. That is because a lawyer cannot predict how many hours they will spend on a case. They might be able to offer a reliable estimate but not a firm number.
Another cost of suing for breach of contract is the cost of filing a lawsuit in the appropriate court. There are several different types of civil courts in New York in which a case might be filed depending on the jurisdiction, e.g., the city, county, or village in which the court is located and the amount of money at issue in the case. These types are as follows:
- Small Claims Courts: Small claims courts hear cases in which the amount in dispute is less than $5,000. Justice Courts in some towns and villages are the courts in which to file claims of up to only $3,000. The Small Claims Part of the New York City Civil Court is the court in which to file a lawsuit that seeks $10,000 or less in damages.
- Limited Jurisdiction Courts: New York state has limited jurisdiction courts that handle civil cases with higher amounts at issue. For example, the Civil Court of the City of New York is the court in which to file civil lawsuits seeking damages of more than $10,000 and up to $25,000.
- New York Supreme Courts: The New York Supreme Courts are the courts in which to file lawsuits that seek up to $25,000 in damages. However, different limits on the amount of damages may be used for breach of contract cases. An individual would want to consult a New York attorney about the court in which to file their lawsuit.
New York Supreme Courts are the courts in which to file lawsuits seeking damages exceeding $25,000. There is no specific upper limit for cases filed in this court. However, an individual should note that high-value claims would probably involve more complex legal procedures and issues.
Another cost to a breach of contract case are the fees courts charge for filing various documents. The fee to file a complaint in a civil case for breach of contract varies in New York depending on the amount of money the plaintiff, the individual who starts the lawsuit, seeks in damages. A lawyer would be able to tell a client how much they should ask for in damages, which court they should file in, and what the filing fee is in the right court for the client’s case.
There are other fees as well, e.g., a fee to file a request for a jury trial. Someone who wants to sue another individual or entity is referred to as the “plaintiff” in legal terminology. The individual or entity sued is the “defendant.”
Generally, one may expect to pay an average of $254 to $500 per hour for an attorney who handles New York breach of contract cases. The hourly rate of an attorney depends on a number of different factors. Attorneys in large cities, such as New York City and Albany, or in more affluent areas tend to charge a higher hourly rate than attorneys in smaller towns or rural areas. Some lawyers in New York might charge as much as $500 per hour or more.
Also, an attorney’s reputation in a particular market and their experience in a certain field of law, e.g., breach of contract disputes, affects the hourly rate they may charge. An attorney with an exceptional reputation and a lot of experience with New York breach of contract cases would be able to command a higher hourly rate than one who does not have these advantages. A legal consultation would give a person the opportunity to learn more about an attorney’s fees.
What Is a Breach of Contract Attorney, and Why Might You Need One?
Generally, a breach of contract attorney is an attorney who has knowledge of the law of contracts and experience with cases that involve alleged breach of contract. If an individual has a significant breach of contract case, i.e., one in which their damages are over $10,000, they want an experienced attorney.
An experienced attorney has a more extensive knowledge of the law that may apply to a case and an understanding of how local courts work and may react to the case. They may know other attorneys in the community who are involved in the case, and this may help in a variety of ways. As with most issues, experience with the law, local courts, and local attorneys could give a certain attorney an edge in presenting their clients.
What Other Factors Cause the Costs of a Lawyer To Vary?
As noted above, a lawyer with a lot of experience, especially in breach of contract disputes, and a superlative reputation may charge more. As for the total breach of contract lawyer cost in connection with their representation in a particular case would depend on how complex the case is and the amount of time that an attorney must devote to it before it comes to an end.
Again, this is because an attorney charges their hourly fee for every hour that they spend working on a case. The more hours spent on the case, the higher their total attorney’s fee will be. If a case is large or especially challenging for some reason, it might demand more of an attorney’s time and greater expertise. This could make the final bill more than the final bill for a smaller, more routine case.
It is also possible that a plaintiff or defendant might recover their attorney’s fees from the other party if they are successful with their case. This would depend on the contract at issue in the lawsuit and the law that applies to it. It would not be possible in all cases, but it might be possible in some.
If someone does a lot of business involving contracts, they might want to consider adding a clause to their contracts that awards attorney’s fees and costs to the party who is successful in any lawsuit involving the contract.
What Services Do Breach of Contract Attorneys Provide?
Breach-of-contract lawyers may perform many different tasks. Some of the key services they would provide in a case include the following:
- Legal consultation: Before hiring a lawyer, one should schedule an attorney consultation to discuss their case, learn about their options, and get a feeling for the lawyer and the lawyer’s services. Many lawyers offer a low-cost or even free first meeting to discuss the case. If the client hires them, they will provide the services noted below.
- Document preparation: A lawyer prepares and files with the appropriate court all the necessary documents that a person needs for their case, including complaints and answers, petitions, responses, supporting documents, and motions.
- Negotiation and mediation: As mentioned earlier, a lawyer can represent someone during negotiation and mediation to help them reach an acceptable settlement of their dispute. Some negotiations might be informal, but they could still be important to the case. It is generally advantageous to settle a case before going to trial, as a trial can be quite expensive. Usually, a case begins with a demand letter that seeks settlement of the case.
- Litigation: If there has to be a trial in the case, their lawyer can represent them in a trial in court. Their lawyer would prepare and present evidence and arguments on their behalf and fight for the best possible outcome for the plaintiff or defendant, depending on whom they represent.
- Appeal: If one does not get the result they want from a trial, their lawyer can appeal the court’s ruling. The lawyer would prepare the appeal and argue the case before the appellate court.
What Are the Advantages of Hiring a Breach of Contract Lawyer?
A breach of contract lawyer is familiar with breach of contract law in New York. They also understand the special procedures involved in prosecuting a civil lawsuit, the rules of civil procedure. A lawyer would know how much to ask for in damages and in which court to file the lawsuit. These issues can be complicated in New York State.
A lawyer recognizes when their client’s case might need the services of an expert witness in order to prove the case or to defend the client adequately if they have been named as a defendant in a lawsuit. And the lawyer would know some experts who are good witnesses in court.
If an individual files their breach of contract lawsuit in a small claims court, they might be able to represent themselves effectively because a small claims court is designed to be accessible to people who wish to represent themselves. The amount an individual seeks to collect from the other party may not even justify spending a lot of money on a lawyer.
However, if a breach of contract lawsuit is filed in any other New York court, a plaintiff would be well advised to have a lawyer represent them.
Should I Talk to a Lawyer About My Breach of Contract Case?
If you have an issue with breach of a contract, either because the other party to it has not performed as promised or because you have not done so, you want to consult a New York breach of contract lawyer. LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and provide you with superior representation. Your lawyer will protect your interests and win the best possible result for you.
Jose Rivera
Managing Editor
Editor
Last Updated: Dec 12, 2024