Contingency Under Law In California
Category:
State:
Multi-State
Control #:
US-00442BG
Format:
Word;
Rich Text
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Description
The Contingency Fee Agreement with an Attorney or Law Firm is a legal document designed to outline the terms under which a client retains an attorney to prosecute a claim, such as wrongful termination, under California law. This agreement specifies the attorney's fees, which are contingent upon the outcome of the case, detailing percentages based on whether the case settles out of court, goes to trial, or involves an appeal. Client obligations include paying reasonable costs and expenses incurred during representation, with provisions for a lien on any recovery. The form also addresses the use of expert witnesses, the employment of associate counsel, and the conditions for withdrawal or substitution of attorneys. Notably, attorneys make no guarantees about the success of the claim, emphasizing that any statements are opinions only. The document is beneficial for attorneys, partners, and paralegals as it provides a clear framework for client engagement and ensures compliance with legal standards in California. Legal assistants can use this form to facilitate client discussions and to ensure all necessary clauses are included, promoting transparency and understanding between the parties.
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FAQ
Rule of Professional Conduct 1.15(a) mandates that all funds received or held by a lawyer or law firm for the benefit of a client, or any other person to whom the lawyer owes a legal duty, must be deposited in one or more identifiable bank accounts labeled "Trust Account." These accounts must be maintained in ...
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
