The Price is Right?

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Attorney Nicholas A. Cronin is not related to Bob Barker, nor does he want to turn the process of finding clients into a game show.

But he does want to offer people looking for legal representation the chance to have their cases bid on by lawyers.

Cronin, a 2008 graduate of Marquette Law School, launched LawBidding.com in late May to provide a free resource for attorneys hoping to land clients looking for affordable fees.

According to the site, prospective clients register and are given a username that they can use in providing confidential details about their case. Attorneys who want to register for the site must provide a valid bar identification number before they can browse and bid on potential clients.

“It will make the process of finding an attorney a more level playing field,” said Cronin, who is a staff attorney at Generac Power Systems, Inc., an international generator manufacturer based in Waukesha.

He said that there is no obligation to select an attorney based on the received bids. But some lawyers suggest the process could raise ethical issues.

Ronald K. Phillips, in-house counsel at Serlio Software in Milwaukee, questioned whether the ability to freely search postings sets attorneys up for potential conflicts of interest.

“What if Timothy Tenant and Louis Landlord both post their complaint on this site and I as an attorney look at Tim’s proposal and say ‘I would hate to be him,’” Phillips said.

“Then I look at the landlord’s side and say, ‘Here we go, this is the one for me.’ Am I conflicted out?”

Dean R. Dietrich, chair of the State Bar of Wisconsin’s Ethics Committee, said that another possible danger is prospective clients may post detailed information which they assume is confidential.

“It hasn’t been litigated, but I think there is a risk,” he said.

Cronin said attorneys have to abide by the Rules of Professional Conduct and no attorney-client relationship is formed until an agreement is signed between the individual or business and the lawyer.

“From the attorney side, you are agreeing to abide by all model rules of professional responsibility in that these are prospective clients,” Cronin said. “But until a fee agreement is signed, there is not an attorney-client privilege.”

The site allows attorneys to offer three payment options — an hourly rate, a flat fee or a contingent fee.

Cronin said the multiple fee options are to give potential clients flexibility and let attorneys deviate from the traditional hourly charge.

“To the extent sites like this think about alternative ways to bill, it has a positive influence,” said Waukesha attorney Charles I. Phillips. “I think that to a large degree the cost of legal services and the cost of litigation have gotten to a point where many people can’t afford it.”

But Phillips, who focuses on domestic relations at Phillips & Gemignani, doesn’t think the competition for clients online would drive down the price for legal services.

“I’m not sure legal services are well suited to [competitive pricing],” said Charles Phillips, who does not plan to try the site. “Clients shopping solely on price are bound to be disappointed.”

Cronin said approximately 50 attorneys have registered on the site since its launch, and he envisions it as a forum where businesses or people can connect with attorneys nationally.

He generates revenue from online advertising and said his motivation for starting the site was to make it easier for companies like Generac to locate attorneys around the country. But he expects the average person will also be able to utilize the site.

“I think the real advantage of the site will be knowing someone could be down in Alabama, looking for an attorney and they can throw their case up and have it bid on,” Cronin said.