2 ms·
My apologies, I think I was mistaken. The contract is here: https://twitter.com/theshawwn/status/1476573099902611457 https://twitter.com/theshawwn/status/147657
by sillysaurusx 4y ago
My apologies, I think I was mistaken. The contract is here: https://twitter.com/theshawwn/status/1476573099902611457 https://twitter.com/theshawwn/status/1476573099902611457
You're right. It says "Each will separately pay their own counsel fees and expenses." I was focused on the part that said "Company and Contractor will each pay one-half of the costs and the expenses of arbitration." Wouldn't a $50k judgement be considered an expense? I suppose not, but it's all quite confusing for non-lawyers.
The 50% clause was confusing enough that when I went to someone for advice, they mentioned that it would limit my upside. Here's the full advice I got from them. (They were relaying what their father said, who is a lawyer.)
> He said $10k is a little small to bother recouping Bc you might burn thru 20% just retaining a lawyer + covering half of initial arbitration fees
> And arbitration—if it happens, and if it’s extensive—will absolutely burn thru the rest
> He said your best bet was a friend or young out-of-law-school kid without a crazy hourly rate to help out, make a few calls, make sure the company is willing to move forward with arbitration
> But, if they are, it might not be worth it…
> Unlike mediation—where a neutral third party tries to guide the parties to a resolution before arbitration—arbitration is adversarial, involves a legal decision, and will require things like discovery (surfacing all the relevant facts + documentation etc.)
> He said arbitration can be as expensive + complex as regular ol’ litigation
> Grain of salt from a non-Washington lawyer who probably did most of his work in a different scale / context, but in case it’s helpful
> Your agreement says you half to cover half of arbitration costs, separate from your lawyer, unfortunately. Some agreements split cost disproportionally between winner + loser, but this one doesn’t (I think, skimmed), and even if it did it would be a risky / ambitious gambit
- thathndude 4y agoMy read of that contract (and it's a pretty standard term) is that you're just splitting the invoices for costs/fees from the arbitration provider. This has nothing to do with respective attorneys' fees. However, that can still limit your upside. If the arbitration fees are $5,000, then you're paying $2,500 win, lose, or draw, and so that has to be factored into your calculations.
- encryptluks2 4y agoIt needs to be factored into the law and forced arbitration clauses need to be abolished.