I practiced civil litigation, representing clients on both sides of the v., for many years. As attorneys our job is to act in the best interest of our clients. In litigation, that responsibility is at odds with the traditional hourly payment model. A litigator who is paid on an hourly basis to litigate is not financially incentivized to resolve your case quickly. While approximately 90% of cases do settle before trial, most settle only after considerable time and expense have been spent.