California puts the fee agreement itself under statute, and gives the client the power to unwind it. If your legal costs will foreseeably run past a thousand dollars and there is no written agreement, the arrangement is voidable at your option, not the lawyer's. The same is true of a contingency agreement missing any required element. That changes what you should ask for at the first meeting.
Business and Professions Code § 6148 requires a written fee contract whenever it is reasonably foreseeable that total expenses to the client, including attorney fees, will exceed one thousand dollars. The contract has to state the basis of compensation including hourly rates and other charges, the general nature of the services, and the respective responsibilities of attorney and client, and the client gets a signed duplicate. Under subsection (c), failing to comply renders the agreement voidable at the option of the client, and the attorney is then entitled only to collect a reasonable fee.
Section 6147 does the same job for contingency work. The agreement must state the contingency rate, how disbursements and costs affect the fee and the recovery, the extent to which the client may have to pay for related matters outside the agreement, and — unless the claim falls under § 6146 — a statement that the fee is not set by law but is negotiable between attorney and client. Failure to comply with any provision renders the agreement voidable at the option of the plaintiff.
There is a third California mechanism worth knowing about before a dispute starts. Under § 6201(a), an attorney must forward written notice of the client’s right to fee arbitration before or at the time of serving a claim against the client for fees. Failure to give that notice is a ground for dismissal of the action. The client waives arbitration by not requesting it within thirty days of receiving the notice.
Section 6148 also lets you demand a bill. On request the attorney must provide one within ten days, and you can ask again at intervals of no less than thirty days.
Fee disputes are the most common complaint clients bring, and California has built its consumer protections around the paperwork rather than around the advice. Get the paperwork right and most of the rest becomes recoverable.
This page is general information and not legal advice. The California sections cited above rest on published code reproductions rather than the Legislative Counsel’s official text, and they have been amended over time, so verify current requirements with the State Bar of California before relying on them.
Yes, where it is reasonably foreseeable that total expenses to you including attorney fees will exceed one thousand dollars. Business and Professions Code Section 6148 requires the written contract and a signed duplicate copy, and requires it to state the basis of compensation, the general nature of the services, and the responsibilities of each side. There are narrow exceptions for emergencies, corporate clients, prior similar services and a written waiver after disclosure.
Under Section 6148(c) the agreement is voidable at the option of the client, and the attorney is then entitled to collect a reasonable fee rather than the fee they had in mind. The same result follows under Section 6147(b) for a contingency agreement that fails to comply with any provision of that section.
The agreed contingency rate, how disbursements and costs affect both the fee and your recovery, the extent to which you may be required to pay for related matters not covered by the agreement, and, unless the claim is subject to Section 6146, a statement that the fee is not set by law but is negotiable between attorney and client.
There is a State Bar fee arbitration process. Section 6201(a) requires an attorney to send written notice of your right to arbitration before or at the time of serving a claim against you for fees, and failure to give that notice is a ground for dismissal of the action. You waive arbitration if you do not request it within thirty days of receiving the notice, so act promptly.