Answer FileAttorney Fees and Consultations

What happens at a free consultation with a California lawyer?

The answer, cited

A consultation is an evaluation, not representation: you describe the facts and deadlines, the lawyer assesses whether there is a viable claim, and both of you decide whether to proceed. Rule 1.18 of the California Rules of Professional Conduct keeps what a prospective client discloses confidential even if the lawyer never takes the case.

A consultation is an evaluation, not representation. You describe the facts and the deadlines, the lawyer assesses whether there is a viable claim and whether the firm handles that kind of matter, and you both decide whether to go further. No attorney-client relationship forms simply because you spoke — that generally requires an agreement, and for most paid work a written one under Business and Professions Code section 6148. What you disclose is still protected: rule 1.18 of the California Rules of Professional Conduct imposes a duty of confidentiality on information learned from a prospective client, even if the lawyer never takes the case. Consultations are commonly free in contingency-fee matters, where the firm is evaluating a case it may fund itself, and commonly billed in hourly matters. Confirm which before you book. Bring your documents and any deadline you know of, and ask who will actually handle the file, how fees and costs work, and how the firm communicates.

Authority: Cal. Rules of Prof. Conduct, rule 1.18; Cal. Bus. & Prof. Code § 6148

Source: Cal. Rules of Prof. Conduct, rule 1.18; Cal. Bus. & Prof. Code § 6148 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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