California law typically follows the “American Rule” regarding attorney fees, which means each party in a legal dispute is responsible for paying their own attorney fees unless a statute or contract states otherwise.
California follows the “American Rule” when it comes to attorney's fees. This means that both parties in a lawsuit are responsible for paying their own attorney's bills.
Generally, if a beneficiary pursues California trust litigation against a trustee and wins, the trustee must reimburse them their attorney fees on top of paying damages.
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.