Contingency Fee Representation in California

A contingency fee agreement is a written contract in which your attorney agrees to represent you in exchange for a percentage of any money you recover. You pay no attorney fee upfront. If the case resolves in your favor, the lawyer's fee comes out of the recovery. If there is no recovery, you owe no attorney fee, though your agreement may require you to cover certain out-of-pocket costs regardless of outcome.

Under a contingency fee arrangement, you generally owe no attorney fee if you do not recover money. However, depending on what your written agreement says, you may still be responsible for certain costs such as filing fees, records requests, or expert witnesses. Always ask your lawyer to explain this clearly before you sign.

The percentage is negotiated between you and the attorney and must be clearly stated in the written agreement. California has rules that may affect what percentage is permitted depending on the type of case and how far along it progresses. You can ask any attorney to explain exactly how the fee is calculated and whether it changes at different stages, such as if a case goes to trial.

No. Contingency fees are most common in personal injury, wrongful death, and other cases seeking money damages. California restricts or prohibits them in certain situations, including most criminal defense cases and some family law matters such as divorce. If you are unsure whether a contingency arrangement is available for your situation, ask a licensed attorney.

California law requires the agreement to be in writing and signed by both you and your attorney. It should state the percentage the lawyer will receive, explain how that percentage is calculated, describe how case costs and expenses are handled, and explain what happens if the case does not succeed. Do not begin working with a lawyer on a contingency basis without a signed written agreement in hand.

The Federal Tort Claims Act governs many personal injury and other damage claims brought against the United States government, and those cases follow their own distinct rules and procedures. An attorney may handle such a claim on a contingency basis, but specific restrictions apply and the process differs from a standard state court claim. If your situation involves a federal agency, look for a lawyer with experience in federal government claims and ask about deadlines, which can differ from state court deadlines.

The State Bar of California offers a lawyer referral service that can connect you with licensed attorneys, and many personal injury lawyers offer free initial consultations so you can learn whether your case may qualify. If cost is a concern, legal aid organizations in California may be able to provide free or low-cost help depending on your income. Because filing deadlines can be short, it is wise to start your search and speak with a lawyer as soon as possible — see the deadlines section of this page for more information.