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MLM or Network Marketing Law is a complex interweaving of State and Federal, statutes, regulations, with an overlay of court precedents. It takes an experienced MLM Lawyer to understand some of the fundamentals of MLM Network Marketing distributor termination.
Some MLM Network Marketing companies terminate distributors (independent contractors) without regard to liability. They are prepared to fight any lawsuits and spend a ton of money doing it. That leads to our major problem from the distributor protection side: money! It costs a lot of money just to foot the costs of getting rightfully earned distributor money from the company. But if you are a successful distributor for a network marketing company and earning strong commissions as of the date of termination, you need to be prepared to pay a substantial amount to bring your case to court, just like any other business person must pay lawyers tens of thousands, if not hudreds of thousands to defend their business, because it is their lifeblood of support for themselves and their family.
Lawyers that take cases against MLM Companies on just pure contingency fees are few and far between. Remember these cases are commercial litigations, not rear end automobile accidents where liability and significant damages are easy to prove. Without any major exceptions the lawyer who knows anything about MLM will require that you front the out of pocket costs of the litigation and pay his regular hourly fees. If you have a great case, he may agree to take the case on a mixed flat fee with a contingency fee basis. Why? Because of the massive amount of money the MLM Network marketing companies are willing to pay for multiple MLM lawyers, researchers, MLM investigators, MLM expert witnesses, and anything else they can throw at you.
The costs to fight a battle against MLM Network Marketing termination have risen dramatically the MLM Network Marketing company's mottoes seem to be "throw money and bury them." Strong defenses aren't the word; it comes closer to an assault.
I have been an MLM Expert Witness or advisor in a lot of cases. I have sat on the stand with one Litigator, a Lawyer that argues in court, on the plaintiff (your) side in the court room. The MLM company defense team consisted of two hard core experienced litigators, the MLM company's lawyer as an advisor, Another MLM Lawyer I knew well they hired just to be an outside advisor to the litigators defending the case. Those are some tough odds. Remember most lawyers are not litigators so that makes it even harder to find a litigator who will prosecute and MLM Network Marketing Independent contractor termination case! For my deposition they flew two lawyers to San Antonio and spent hours "beating me up."
What is a good estimate of expenses alone (no money to your lawyer's pocket) to fight for your MLM-Network Marketing commission check that you lost? In my survey of experienced MLM Litigators that fight for you in MLM Network Marketing Distributor (Independent Contractor) terminations the painful minimum you need for expenses to start is:
$30,000
Remember that that is for expenses only. That does not
provide your Litigator Lawyer with any income to eat on. Expect to pay an additional amount as a flat fee in the range of $25,000, if you are fortunate to have an MLM expert who will take the case on a mixed flat fee/contingency basis.
The $30,000 which is for the costs incurred (over and above the lawyer fees) pays for deposing the company and company witness that will be thrown against you. It pays for plane flights to depose your witnesses. It pays for Xerox copying bills in discovery that you have to pay the MLM Network Marketing Company for (I know one case that this bill was $10,000 alone). It pays for court costs to file the case. It pays for expert witnesses and your personal witnesses to testify.
Additional information can be found in the Library (See: MLM Terminations) on the MLM Watchdog site. Try any search engine! I am so sorry that this terrible thing happened to you. There is a group of us working on establishing a MLM Distributor Rights Association. I hope and pray you will win your case!
Rod Cook