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Contingency fee agreements are protected by the attorney-client privilege under California Business & Professions Code section 6149.
No matter how well you know your attorney or how "simple" you think your case is, you should always have a written representation agreement (sometimes called a fee agreement) with your lawyer. These contracts set out the terms of the attorney-client relationship and the fees and compensation that you will owe.
Contingency fee agreements are protected by the attorney-client privilege under California Business & Professions Code section 6149. However, in certain types of actions, such agreements are not permitted or their use is subject to limitations.
Most courts hold that a lawyer's fee agreements and bills will not be protected by the attorney-client privilege, except to the extent that they reveal confidential information (such as a description of the work performed).
The attorney-client privilege does not apply when you seek the lawyer's assistance in carrying out or planning a crime or a fraud. There is no lawyer-client privilege if the lawyer reasonably believes that disclosure of confidential attorney-client communication is necessary to prevent death or substantial bodily harm.
The potential adverse consequences of having a Third Party Payor responsible for payment of attorney's fees and costs is that the Third Party Payor may: (1) attempt to interfere with the attorney-client relationship between the attorney and client, (2) attempt to interfere with the attorney's exercise of independent ...
The Crime-Fraud Exception to Attorney-Client Privilege If the client communicates with an attorney with the purpose of committing a crime or fraud, the attorney-client privilege rule no longer applies.