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Curious as to why the explanation is only using the 60% chance of a win into the equation and completely ignoring the fact that there is a 40% chance you will not win and have to pay the $12,000 retainer… For expected value, shouldn’t we be factoring this in? Is the retainer not paid if we lose or what?
A vendor offered Wyatt Co. $25,000 compensation for losses resulting from faulty raw materials. Alternately, a lawyer offered to represent Wyatt in a lawsuit against the vendor for a $12,000 retainer and 50% of any award over $35,000. Possible court awards with their associated probabilities are as follows:
Award Probability
$75,000 0.6
0 0.4
Compared to accepting the vendor’s offer, the expected value for Wyatt to litigate the matter to verdict provides a:
Here there are two possible outcomes: collecting $25,000, or accepting the lawyer’s offer to represent Wyatt in the lawsuit. We will need to compare the expected value of $25,000 (fixed at $25,000) with the expected value if the lawsuit alternative is chosen.
If the lawsuit is chosen, Wyatt will lose the $12,000 retainer, but have a 60% probability of winning $75,000 less the lawyer’s contingent fee of 50% of the award above $35,000. The contingent fee would be 50% times ($75,000 − $35,000) which is 0.50 × $40,000, or $20,000.
The value of winning the lawsuit is $75,000 less the contingent fee of $20,000, or $55,000. The expected value of winning the lawsuit is the probability of winning (60%) multiplied by the value of winning ($55,000), or $33,000. However, Wyatt will have to pay the retainer of $12,000, leaving a net expected value of $21,000.
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