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California Information Regarding Rights After Attorney-Client Fee Arbitration
State:
California
Control #:
CA-ADR-105
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PDF
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FAQ
Party arbitrator fees and expenses required by a pre-dispute arbitration agreement are to be paid entirely by the party selecting and retaining the party arbitrator. (Standard 2, subd.
Hourly rates: Most employment lawyers in California charge by the hour for employment lawsuits. The average hourly rate for an attorney ranges from $350 (for smaller or lesser experienced firms) to $475 and up (for larger or more experienced firms).
To start the process, complete a fee arbitration request form from the local bar association and submit the filing fee. Include information about the attorney's fees and costs and explain why you believe the attorney's fees are excessive. Attach copies of any documents requested on the form.
That means whether you fire your attorney, or your attorney quits, you may be entitled to a refund for any paid-for services not yet rendered.However, you almost certainly won't get a refund on work the lawyer has already performed, regardless of how dissatisfied you may be with the outcome or progress of your case.
The American Rule states that each party pays its own attorneys' fees, regardless of who is the prevailing party.There are thus conditions to recover your attorneys' fees in a legal matter, and attorneys' fees are never recovered in California unless a lawsuit has been filed.
To request fee arbitration, contact the local county bar program where most of the legal services were provided. This is typically the county where the lawyer's office is located. You can find a list of approved arbitration programs on the State Bar website.