Los Angeles, CA asked in Contracts, Civil Litigation and Collections for California

Q: May I negotiate contingency fees after signing the agreement with attorney in state of California?

Agreement says,

Client acknowledges and understands that the fee the Attorneys charge for their services is not set by law but is freely negotiable between Client andAttorneys. Bearing such advice in mind, Client agrees to pay Attorneys a contingency fee at the following contingency rates:

(a) for all claims before the filing of suit, Attorneys’ fees will be thirty-three and one third percent (33 1/3%) of all amounts received; and

(b) for all claims after the filing of suit, including the enforcement of judgment, Attorneys’ fees will be forty percent (40%) of all amounts received. The decision to file suit shall be solely that of Client’s.

4 Lawyer Answers
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Consumer Law Lawyer
  • Sebastopol, CA
  • Licensed in California

A: Of course. You may always negotiate the amount of the contingency fee with your lawyers. They may not wish to re-negotiate the fee amount, however, and you may be left with the choice of discharging them if they do not meet your requested amount.

Leon Bayer agrees with this answer

Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Yes, you can at anytime. But once you sign a contract you are bound by it.

James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, while the initial agreement makes it clear that fees were negotiable at the outset, once you've signed the agreement, its terms generally govern the relationship unless both parties agree to modify it.

If you wish to renegotiate the contingency fee, you can approach your attorney and express your concerns or desires. An attorney may or may not be open to renegotiation. If they agree to a change, ensure that the new terms are documented in writing to prevent any misunderstandings later on.

It's essential to maintain open communication and trust with your attorney throughout the process. Always ensure that any changes to your agreement align with California's ethical and professional guidelines.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: You could discuss this with your attorney, but that passage at the beginning about fees being negotiable seems like it might be more of an intro. Good luck

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