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.

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

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.

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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