Fee agreements Flashcards
1
Q
Contingency fee
A
An attorney handling a contingency fee matter must have a written fee agreement, signed by the client providing 1) the attorney’s percentage of recovery 2) what expenses will be deducted from recovery 3) whether the attorney’s fees will be calculated before or after expenses. In CA, the agreement must also provide 4) how the work not covered by the contingency fee will be paid and 5) state the attorney’s fees are negotiable and 6) the client can consult independent counsel. ABA rules prohibit contingency fees in domestic relations and criminal matters.
ABA - all fees must be reasonable
CA - all fees must not be illegal or unconscionable
