Legal Question in Wills and Trusts in California

Anybody can put on a suit and tie and show up at your mediation. Obtaining the best possible result is a function of preparation, for example how much time and information your lawyer will have to prepare in advance. But in general I agree with you, I wouldn't be quick to agree to a percentage.

You should get a family law specialist who goes to hearings in the courthouse where your case is being heard-and expect to pay much more than you think is fair! Have you ever heard how much a simple operation in a hospital costs? You can't be cheap with your future, especially when (sometimes) children are concerned.

You should report that attorney to the State Bar. It is illegal to take a percentage of recovery in a Family Law case. Payment must be hourly, daily, or flat fee. Personally I would not be comfortable just showing up cold to a mediation with you. I think it would border on malpractice to be so unprepared, even if I got you to sign waivers saying you know I would not be prepared. Depending on the complexity of the case, however, an attorney might be able to get up to speed in half a day or less. I'm not fully familiar with attorney pricing down in your area, but a decent Family Law attorney should be available for $300/hr and a certified Family Law Specialist for $400-$500/hr.

Even if it were not illegal to charge a percentage in a family law case, you should in general never agree to a percentage of the entire amount recovered for a short time period hire. You may have clearly been entitled to a large part of the recovery and the other side conceded that so your attorney had nothing to do with that part of the recovery. There might be an additional sum the attorney is responsible for but any family law specialist could have told you immediately that legal position as it is well known to attorneys, so he/she has done little work.

In general, if it is a short term hire, paying an hourly rate is much better for you. But as Mr. McCormick points out, you need to include adequate preparation time so that you know that attorney has done a good job for you. Get estimates from several attorneys as to what they would charge. Ask what you can do to reduce the cost to you, such as preparing a draft list of all the assets and who wants what, a plan[s] that you think the other side would accept as to how the assets will be divided, etc.