Petaluma, CA asked in Civil Litigation for California

Q: Is it usual for a plaintiff attorney to charge a fee when participating in a mediation session when the client/attorney

contract makes no mention of same?

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4 Lawyer Answers
David Alan Wolf
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Answered

A: For personal injury cases, mediations are commonly required by the trial judge. The costs of mediation are typically split between the parties.

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: The contract makes no mention of what, mediation? No doubt the contract mentions the attorney getting a fee. If you have an hourly fee contract, anything the lawyer does within the scope of the case will be charged. If you have a contingency fee contract, then the attorney will only get a fee if you obtain a money result. If you are asking about costs, as opposed to fees, how those are handled should be discussed in the contract.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: The mediation is part of the case. If you have a contingency fee agreement, any recovery that comes out of the mediation is subject to the contingency fee.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: a lawyer would not charge for his time but would for the costs of mediation and hiring a mediator.

when you signed your retainer it said you would be responsible for all costs

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