Contingency – Fee Based Commercial/Business Litigation

Waddell & Magan is a firm of Bozeman, Montana–based lawyers handling contingency fee–based business litigation cases nationwide.

You are currently in the section of our website focusing on commercial cases. For information on our other practice areas, take a look at our personal injury and insurance disputes sections.


Business litigation includes the broad areas of breaches of contract, corporate and employment disputes, all of which might include agricultural law; antitrust cases; breach of fiduciary duties; civil RICO; conspiracy; constructive discharge; consumer actions; construction law; deceptive / unfair trade practices; franchise litigation; fraud; fraudulent inducement; intellectual property; interference with contractual relationships; interference with prospective economic relationships; misappropriation of trade secrets and confidential information; misrepresentation; promissory estoppel; shareholder litigation; tortious interference with contractual relations; and unjust enrichment.

We do not do “transactional work.” We do not write or negotiate contracts, nor will we draft formative business documents, structure business ventures, or create the paperwork for mergers and acquisitions. Instead, we do trial work, and from the time we accept your case through the time of trial, we will protect you and fight for your rights. Please go to our links for more information in the general areas of contract or employment disputes

Will I owe anything if I lose?

No. Generally, if we represent you or your company on a contingent–fee basis, and your case is unsuccessful, you will not be responsible for any of the costs incurred. However, there can be confounding issues that preclude a “pure” contingency fee in business litigation.

How does Waddell & Magan get paid?

Our contingent fee is based on a percentage of the total amount of benefits we recover from the defendant or, if applicable, their insurance company on your behalf.

How long will it take to resolve my case?

The length of a case varies. All lawsuits revolve around the trial date set by the court. And that is up to the court administrators and the workload the court is handling. As for settlement, that too is usually tied to the trial date.

What is a mediation?

A mediation is a settlement conference that takes place prior to a case proceeding to trial. Each side appears with their lawyer and appears before a person known as a mediator. A mediator is often a retired judge or a lawyer practicing in the community. Both sides present their cases to the mediator. All information contained in the mediation conference is confidential and cannot be used. If the parties are unable to settle the case during the mediation, then the case proceeds to trial.

What if my case occurred outside of Bozeman?

Although Waddell & Magan is located in Bozeman, Montana, our attorneys practice throughout the state and are licensed in other states.

My case isn’t in Montana. Can you still represent me?

Yes. The attorneys at Waddell & Magan are licensed in Montana, Texas and Pennsylvania. If your case is outside of these states, we will bring in local counsel to work in association with us.  

For background information on our firm and its lawyers, please tour our site. And don’t forget to see our information on handling the legal aftermath of fire, tornadoes, and other disasters.

There is no charge for an initial consultation.

Representative Case:

Commercial Litigation, Interference with Contract, Bad Faith

The Firm´s client had arranged, through a Lloyds broker, for an insurance treaty between Lloyds of London and a major oil service company. When the Lloyds broker circumvented our client and solicited the business directly from the company, we sued. Mr. Waddell was associated into the case by the original firm. The Lloyds broker settled by paying well into seven figures.*

*Results obtained depend on the facts of each case. Since every case is different, similar results may not be obtained in your case.