Legal Question in Civil Litigation in California

What is a typical contingency fee agreement for a law firm to represent a client in California? This is for issues pertaining to Real estate.

Also, is there a basis for contingency if mediation followed by arbitration (if mediation fails) is required prior to trial. Does the contingency agreement for mediation differ form that for a trial?

Please let us know.

Thanks in advance.


Asked on 10/09/09, 3:48 am

1 Answer from Attorneys

The classic contingency is 1/3 of the proceeds of the case. If there is a possibility for recovery of attorneys fees from the other side, most all attorneys will credit any recovery under the attorneys fees part of the case against the contingency. For cases that are very strong and likely to result in a large settlement or a quick settlement, many attorneys, myself included, will work for 25%. Another somewhat common arrangment is a scaled contingency where if the case settles before mediation or arbitraton it's 25%, during or after mediation it's 30% and if the case has to go to trial 40%.

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Answered on 10/09/09, 10:43 am


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