How do attorney fees work in California?

California lawyers charge by the hour, by flat fee, on contingency, or against a retainer. Business and Professions Code section 6148 requires a written fee agreement when total client expense will foreseeably exceed $1,000, and section 6147 requires contingency agreements to be written, signed by attorney and client, with a duplicate copy to the client.

California lawyers charge in four common ways — by the hour, by a flat fee for a defined task, on a contingency (a share of what you recover), or against a retainer you pay up front and the firm draws from. Which applies depends on the matter, not on the firm's preference alone. Two statutes govern the paperwork. Business and Professions Code section 6148 requires a written fee agreement whenever it is reasonably foreseeable that total expense to the client will exceed $1,000, and it must state the hourly rates or other basis for the fees. Business and Professions Code section 6147 governs contingency agreements: they must be in writing, signed by both the attorney and the client, and the client must receive a duplicate copy. Fees and costs are different things — filing fees, expert witnesses, and records requests are usually costs you owe regardless of how the fee is structured. Ask which costs you are responsible for, and when, before you sign.

Authority: Cal. Bus. & Prof. Code §§ 6147, 6148