Kennedy Berg LLP is a boutique and entrepreneurial law firm of skilled and experienced trial and appellate lawyers. Our success in handling complex commercial cases against the nation’s largest firms has taught us that we can best serve our clients by preparing every case as though it will be tried. Doing so increases the case’s value, builds leverage for settlement and positions our clients to win at trial.

Our lawyers are aggressive but pragmatic. We see the big picture but attend to the small details needed to win. We think creatively and strategically, and give frank and independent advice. Our litigation approach achieves favorable and efficient results.

Client Service and Litigation Approach

Recognizing that litigation is a vehicle for achieving our clients’ business objectives, we encourage our clients to identify their business objectives at the outset of our retention. Through early case assessment, we develop a litigation plan that positions a case for success at trial while also building opportunities for settlement.  We use motion practice, where appropriate, to gain strategic advantages, not to increase legal fees.  We are especially adept at preparing our clients to be effective witnesses in depositions and in open court.

Our firm is equally dedicated to achieving our clients’ goals in a cost-effective manner. Our history has shown that small litigation teams and intensive partner involvement provide both a cost and strategic advantage over our larger opponents.  We have the confidence to share in the inherent risks of litigation with our clients through flexible fee arrangements.

At Kennedy Berg, we also use advanced legal technology to contain costs while providing a litigation edge. In addition to our familiarity with the intricacies of e-discovery and sophisticated trial and pre-trial software, we have relationships with a number of talented trial science groups.

Our Flexible Fee Arrangements

In our view, sharing litigation risks with our clients, and linking fees to our results, enhances both the trust on which the attorney-client relationship is based and the likelihood of success. Our clients benefit when we are free to dig deeply into key facts and issues without the burden of costly hourly rates. They benefit, as well, from the sharpened focus generated by sharing an economic interest in the outcome of the case.

Although we routinely enter into traditional hourly fee arrangements, at unusually competitive hourly rates in comparison with our peers, we encourage our clients to consider:

  • contingent fee agreements and hybrid agreements (reduced hourly rates, plus reduced contingent interests) or
  • reduced hourly rates plus bonuses and negative contingency fees (bonuses paid on a percentage of the amount saved by the client), all of which necessarily depends on winning the case; or
  • reduced hourly fees combined with clearly identifiable benchmarks, such as winning dispositive motions, as triggers for bonus payments.


We believe that effective use of advanced computer technology is indispensable in commercial litigation and trial work. We employ the latest and most effective trial, e-discovery and document management software. Our use of sophisticated word search and retrieval software streamlines the document management process, reduces copying expense and spares the environment.

We also use state-of-the-art courtroom technology. Working with graphic artists and other consultants, we use computer technology to prepare powerful courtroom exhibits that increase our ability to persuade judges and juries in our clients’ favor.