A Commercial Litigation Lawyer Explains
As a commercial litigation lawyer serving clients in New York, Pennsylvania, Delaware, and throughout the United States (where permitted), I often get asked the same question:
“Can you just do this one thing on a flat rate?”
Sometimes it’s: “Can you just file a motion to dismiss?”
Or: “Can you just draft the complaint?”
It’s an understandable request. Predictability matters in business. But when it comes to complex commercial litigation, especially in high-stakes matters across jurisdictions like Delaware Chancery, New York Commercial Division, Philadelphia Commerce Court, or federal court, the answer is almost always:
No. And here’s why.
Why Flat Rates Don’t Fit Most Commercial Litigation Cases: Business Litigation Attorney Breaks It Down
In serious, fact-intensive litigation, someone almost always loses on a flat fee—and often, it’s you.
When you hire a commercial litigation lawyer, you’re not paying for just a document. You’re paying for analysis, risk mitigation, strategy, and the ability to adapt to new developments in real time.
Take, for example, a motion to dismiss. In federal court, Delaware, or sophisticated business courts, these motions are not 5-page formalities. They’re often 20–50 page legal briefs, akin to appellate arguments. The judge expects more than legal boilerplate—they want tailored arguments grounded in facts, precedent, and procedural finesse.
See also: Why Delaware Might be the Best (and Most Frustrating) Place to Litigate a Business Dispute.
To do this, your litigation team must:
- Evaluate and rebut opposing arguments.
- Analyze relevant evidence.
- Apply jurisdiction-specific case law and procedural rules.
- Anticipate counterattacks and judicial scrutiny.
This work is labor-intensive and unpredictable. If we flat-fee it and go over, we eat the loss. If we finish early, you’ve overpaid. Worse: flat fees can subtly incentivize firms to cut corners.
We don’t believe in that. We won’t risk your case—or our integrity—by gambling on predictability when the stakes are this high.
When Flat Fees Do Make Sense For A Commercial Litigation Attorney
As a commercial litigation law firm, we’re not against flat rates categorically. They have a place—just not in bespoke litigation.
Here’s where flat fees make sense:
- Non-compete opinion letters
- One-off contract reviews
- Administrative filings
- Simple regulatory
compliance analysis
For example, we often offer flat-rate non-compete reviews. These involve:
- Reviewing the agreement (usually an hour or two).
- Applying settled law (we know this jurisprudence inside and out).
- Drafting an opinion letter.
- A final review by a second attorney.
- A cushion for complexity.
It’s repeatable, scoped, and cost-predictable. We do enough of them that we pass the efficiency on to you—without sacrificing quality.
But asking a commercial litigation lawyer to “just write a complaint” or “just handle a motion to dismiss” is like asking a surgeon to “just open the chest and walk away.” It’s not the nature of the work.
Commercial Litigation Requires Strategic Depth
Whether we’re representing clients in Delaware Chancery, the New York Supreme Court Commercial Division, or Philadelphia’s Commerce Program, we know what these courts demand:
- Surgical precision
- Procedural fluency
- Deep understanding of business law and equity
- Long-haul stamina
In complex disputes—whether multi-jurisdictional, partnership-related, fiduciary, securities, or contract-based—there’s no such thing as “just” one filing.
Litigation is a strategic process. It must be approached holistically. Our commitment to each client reflects that.
Who We Serve and Where
Equal Justice Solutions is a faith-based commercial litigation firm that represents clients in:
- New York
- Pennsylvania
- Delaware
- And throughout the United States, as permitted
We regularly appear in federal court, state business courts, and in complex arbitration matters nationwide.
If you’re facing a serious legal issue involving business torts, contracts, whistleblower retaliation, shareholder disputes, or fiduciary duties—you need more than a flat fee.
You need a commercial litigation lawyer who understands your case, your business, and the law.
The Bottom Line
We don’t flat-fee complex litigation.
Because:
- It incentivizes shortcuts.
- It misrepresents the true complexity of the work.
- And it undermines the trust and strategy needed to win.
But if you’re looking for clarity, honesty, and fierce advocacy from a commercial litigation lawyer who will treat your matter like it matters—we’re here.
We strive to fight smart. We strive to work ethically. We strive to serve with excellence.
Because justice—real justice—is not mass-produced.
Ready to talk strategy for your business dispute? Schedule a consultation with a commercial litigation lawyer in New York, Pennsylvania, Delaware, or wherever your case may take us.
About Equal Justice Solutions
Equal Justice Solutions is a faith-driven law firm for ethical companies, whistleblowers, and those whose voices are too often ignored. We handle high-stakes matters with Big Law rigor and care, without the bloat, misaligned incentives, or hollow billing practices that can distort legal judgment. Rooted in Catholic social teaching, we understand the practice of law as a vocation—one that calls for excellence, honesty, and love expressed through faithful service to clients and the common good.
