1 Why might I need a lawyer?
2 How do I find a lawyer?
3 Do lawyers specialize?
4 What should I do if a lawyer asks for my business?
5 How will I know which lawyer is best for me?
6 Should I hire the lawyer?
7 How closely will I be involved in my lawyer’s work?
8 Can I hire a lawyer to just handle certain
parts of my legal matter?
9 Is it important to have a fee agreement?
10 What should be in the fee agreement?
11 How does a lawyer decide what to charge?
12 Do all lawyers charge the same kind of fee?
13 What additional out-of-pocket costs will I have
to pay?
14 When is my lawyer’s bill due?
15 What if I can’t pay?
16 How can I help build a successful
lawyer-client team?
Wednesday, July 15, 2009
1 Why might I need a lawyer?
You may have a legal problem and not know
how to resolve it. Lawyers have been specially
trained in the law and our legal system. And the
right lawyer can advise and assist you with your
particular problem.
If you are facing criminal charges or a lawsuit,
for example, a lawyer can help you understand your
rights, and the strengths and weaknesses of your
case. Alawyer knows the rules and procedures for
arguing the case in court. And a lawyer can make a
big difference in whether or not your side of the
story is successfully presented to a judge or jury.
A lawyer can help you get a divorce, file for
bankruptcy or draw up a will. Or, if you have been
seriously injured or mistreated, a lawyer can help
you file a lawsuit. Some lawyers handle a variety
of legal problems; others specialize in certain areas
of the law.
In some instances, failing to call a lawyer
immediately can make the situation worse. If you
are arrested or involved in a serious auto accident,
for example, someone should interview the wit-
nesses and gather evidence as soon as possible.
In other situations, preventive legal advice
could save you time, trouble and money by pre-
venting legal problems before they arise. Take,
for example, the purchase of your family home.
You might have a problem in the future if you
sign the purchase agreement without completely
understanding it. Or maybe you are launching a
business with a partner. A lawyer could point out
the advantages and drawbacks of various part-
nership arrangements.
These are just a few of the many situations in
which lawyers can provide advice and assistance.
how to resolve it. Lawyers have been specially
trained in the law and our legal system. And the
right lawyer can advise and assist you with your
particular problem.
If you are facing criminal charges or a lawsuit,
for example, a lawyer can help you understand your
rights, and the strengths and weaknesses of your
case. Alawyer knows the rules and procedures for
arguing the case in court. And a lawyer can make a
big difference in whether or not your side of the
story is successfully presented to a judge or jury.
A lawyer can help you get a divorce, file for
bankruptcy or draw up a will. Or, if you have been
seriously injured or mistreated, a lawyer can help
you file a lawsuit. Some lawyers handle a variety
of legal problems; others specialize in certain areas
of the law.
In some instances, failing to call a lawyer
immediately can make the situation worse. If you
are arrested or involved in a serious auto accident,
for example, someone should interview the wit-
nesses and gather evidence as soon as possible.
In other situations, preventive legal advice
could save you time, trouble and money by pre-
venting legal problems before they arise. Take,
for example, the purchase of your family home.
You might have a problem in the future if you
sign the purchase agreement without completely
understanding it. Or maybe you are launching a
business with a partner. A lawyer could point out
the advantages and drawbacks of various part-
nership arrangements.
These are just a few of the many situations in
which lawyers can provide advice and assistance.
2 How do I find a lawyer?
California has more than 160,000 practicing
lawyers. You should be able to find the right one—
if you know where to look.
Recommendations. Maybe you know a lawyer
in a town where you used to live. Perhaps a
lawyer who works for a corporation lives across
the street. These lawyers may be able to refer youto other lawyers who have experience with your
type of problem.
You could also ask your friends, co-workers
and employers if they know any lawyers. Business
owners and professionals such as bankers, minis-
ters, doctors, social workers and teachers might be
able to give you the name of a lawyer.
Certified lawyer referral services. You could
call a local State Bar-certified lawyer referral serv-
ice. This type of service refers potential clients to
attorneys. After interviewing you, the referral serv-
ice staff will match you with a lawyer who is expe-
rienced in the appropriate area of the law. (There is
usually a small charge for the initial consultation
with a lawyer.)
For an online list of certified lawyer referral
services, visit the State Bar’s Web site at
www.calbar.ca.gov/lrs. For a recorded message that
can provide you with the phone numbers of certi-
fied services in your county, call 1-866-44-CA-LAW
(1-866-442-2529). If you are out of state, you can
call 415-538-2250 to hear the same recorded mes-
sage. Or check the Yellow Pages of your telephone
directory for a listing. (Keep in mind that the ser-
vice’s State Bar certification number must appear
in all advertising.)
State Bar-certified lawyer referral services
must meet minimum standards established by the
California Supreme Court. And because the State
Bar enforces those standards, you could turn to the
State Bar if you have a problem with the service.
And if you were to file a complaint, the State Bar
would look into it. There are other advantages as
well. For example, a certified referral service:
• Can refer you to a lawyer who has experi-
ence in the field of law that relates to your case.
•Will refer you to attorneys who are insured.
All lawyers who participate in certified lawyer
referral services must carry malpractice insurance
to protect their clients. This means that if your
lawyer does something wrong, and you successful-
ly sue for malpractice, the lawyer will have the
ability to pay.
•Will screen your call to determine whether
you have a legal problem — or need some other
type of assistance. And if you do need anothertype of assistance, the referral service can refer you
to government agencies or other organizations
that may be better suited to assist you. For exam-
ple, you might have a problem that could be han-
dled, without charge, by a rent control board or
community mediation program.
•Will only refer you to an attorney who has
met certain standards of experience and is a State
Bar member in good standing.
• Will only refer you to an attorney who has
agreed to do fee arbitration in the event of a fee
dispute.
• May be able to provide an attorney at a
reduced rate. Lawyer referral services are
required to make arrangements to serve people
with limited means.
•May be able to provide you with a bilingual
attorney.
For more information on State Bar-certified
lawyer referral services, see the State Bar’s con-
sumer education pamphlet What Can a Lawyer
Referral Service Do for Me? To find out how to
order a free copy of this or any other State Bar con-
sumer pamphlet, see #16 (page 17).
Advertisements. You also could check the
Yellow Pages, newspaper advertisements or the
Internet in your search for an attorney.
Most lawyers choose not to advertise, other
than to list their names, addresses and telephone
numbers in the Yellow Pages. But lawyers are
allowed to advertise in the Yellow Pages, in news-
papers and magazines, on the radio and television,
on billboards, on the Internet or any place else—as
long as the ad does not contain false or misleading
information. Lawyers may use ads to list their
fields of law. They also may post their fees.
If you decide to call a lawyer featured in an
advertisement, keep the ad for reference. If the ad
was aired on the radio or television, make notes
for your records.
Joint advertising groups. Sometimes lawyers
join together and advertise their services as a
group. Often a group of lawyers will share an 800
telephone number and/or a Web site. State lawrequires that joint advertising groups identify by
name the participating lawyers.
Public interest groups. Non-profit public inter-
est organizations, such as groups concerned with
civil liberties and housing discrimination, may be
able to help you. Such groups sometimes have
staff lawyers who handle such cases. Others pro-
vide legal help solely to groups of people rather
than to individuals. For example, they might help
you and your neighbors convince your city council
to install a traffic light at a busy intersection.
To find such an organization, you could try
contacting a local bar association, State Bar-certi-
fied lawyer referral service or government agency.
For example, suppose you believe a landlord is
discriminating against you. You might call your
city or county housing office for the names of
groups that are concerned with your problem.
Client-attorney matching services. To find an
attorney through such a service, you would typical-
ly post a brief description of your case on the ser-
vice’s Web site. Attorney members of the service
could then bid on the case by offering you a con-
sultation. The selection of an attorney would be up
to you. Such services (also called bulletin boards)
are not State Bar-certified lawyer referral services.
Free legal aid agencies. What if you can’t
afford a lawyer? Depending on your income and
the nature of your legal problem, you may be able
to get free or low-cost legal help in non-criminal
cases from a legal services program. Check the
white pages of your telephone book to see if such
an organization is located in your area.
A State Bar-certified lawyer referral service or
local bar association may be able to refer you to a
legal services program. California’s statewide legal
services Web site —www.LawHelpCalifornia.org
— also could help you locate a local program and
provide you with other resources as well. Or,
maybe a law school clinic could assist you.
Suppose you are accused of committing a
crime. If you cannot afford a lawyer, you might
qualify for free help from the public defender’s
office. Look in the white pages of the telephone
book under your county’s listings. What if there
isn’t a public defender in your area? In such aninstance, a judge would typically appoint a privat
attorney to represent you free of charge.
Dispute resolution programs. In addition, man
communities have “dispute resolution” programs.
These programs can help you and another person
“mediate” or work out problems instead of going
to trial. For more information, see the State Bar
pamphlet How Can I Resolve My Dispute
Without a Trial? For instructions on ordering, see
the contact information at the end of #16 (page 17
Prepaid legal services plans. Perhaps you
belong to a “legal insurance” plan through your
employer, labor union, credit union, credit card
company — or as an individual. Your plan may
cover the kind of legal work you need — just as
medical insurance plans pay certain medical costs
Generally, the premiums you pay entitle you to a
certain amount of a lawyer’s time or to a lawyer’s
services at a reduced rate.
lawyers. You should be able to find the right one—
if you know where to look.
Recommendations. Maybe you know a lawyer
in a town where you used to live. Perhaps a
lawyer who works for a corporation lives across
the street. These lawyers may be able to refer youto other lawyers who have experience with your
type of problem.
You could also ask your friends, co-workers
and employers if they know any lawyers. Business
owners and professionals such as bankers, minis-
ters, doctors, social workers and teachers might be
able to give you the name of a lawyer.
Certified lawyer referral services. You could
call a local State Bar-certified lawyer referral serv-
ice. This type of service refers potential clients to
attorneys. After interviewing you, the referral serv-
ice staff will match you with a lawyer who is expe-
rienced in the appropriate area of the law. (There is
usually a small charge for the initial consultation
with a lawyer.)
For an online list of certified lawyer referral
services, visit the State Bar’s Web site at
www.calbar.ca.gov/lrs. For a recorded message that
can provide you with the phone numbers of certi-
fied services in your county, call 1-866-44-CA-LAW
(1-866-442-2529). If you are out of state, you can
call 415-538-2250 to hear the same recorded mes-
sage. Or check the Yellow Pages of your telephone
directory for a listing. (Keep in mind that the ser-
vice’s State Bar certification number must appear
in all advertising.)
State Bar-certified lawyer referral services
must meet minimum standards established by the
California Supreme Court. And because the State
Bar enforces those standards, you could turn to the
State Bar if you have a problem with the service.
And if you were to file a complaint, the State Bar
would look into it. There are other advantages as
well. For example, a certified referral service:
• Can refer you to a lawyer who has experi-
ence in the field of law that relates to your case.
•Will refer you to attorneys who are insured.
All lawyers who participate in certified lawyer
referral services must carry malpractice insurance
to protect their clients. This means that if your
lawyer does something wrong, and you successful-
ly sue for malpractice, the lawyer will have the
ability to pay.
•Will screen your call to determine whether
you have a legal problem — or need some other
type of assistance. And if you do need anothertype of assistance, the referral service can refer you
to government agencies or other organizations
that may be better suited to assist you. For exam-
ple, you might have a problem that could be han-
dled, without charge, by a rent control board or
community mediation program.
•Will only refer you to an attorney who has
met certain standards of experience and is a State
Bar member in good standing.
• Will only refer you to an attorney who has
agreed to do fee arbitration in the event of a fee
dispute.
• May be able to provide an attorney at a
reduced rate. Lawyer referral services are
required to make arrangements to serve people
with limited means.
•May be able to provide you with a bilingual
attorney.
For more information on State Bar-certified
lawyer referral services, see the State Bar’s con-
sumer education pamphlet What Can a Lawyer
Referral Service Do for Me? To find out how to
order a free copy of this or any other State Bar con-
sumer pamphlet, see #16 (page 17).
Advertisements. You also could check the
Yellow Pages, newspaper advertisements or the
Internet in your search for an attorney.
Most lawyers choose not to advertise, other
than to list their names, addresses and telephone
numbers in the Yellow Pages. But lawyers are
allowed to advertise in the Yellow Pages, in news-
papers and magazines, on the radio and television,
on billboards, on the Internet or any place else—as
long as the ad does not contain false or misleading
information. Lawyers may use ads to list their
fields of law. They also may post their fees.
If you decide to call a lawyer featured in an
advertisement, keep the ad for reference. If the ad
was aired on the radio or television, make notes
for your records.
Joint advertising groups. Sometimes lawyers
join together and advertise their services as a
group. Often a group of lawyers will share an 800
telephone number and/or a Web site. State lawrequires that joint advertising groups identify by
name the participating lawyers.
Public interest groups. Non-profit public inter-
est organizations, such as groups concerned with
civil liberties and housing discrimination, may be
able to help you. Such groups sometimes have
staff lawyers who handle such cases. Others pro-
vide legal help solely to groups of people rather
than to individuals. For example, they might help
you and your neighbors convince your city council
to install a traffic light at a busy intersection.
To find such an organization, you could try
contacting a local bar association, State Bar-certi-
fied lawyer referral service or government agency.
For example, suppose you believe a landlord is
discriminating against you. You might call your
city or county housing office for the names of
groups that are concerned with your problem.
Client-attorney matching services. To find an
attorney through such a service, you would typical-
ly post a brief description of your case on the ser-
vice’s Web site. Attorney members of the service
could then bid on the case by offering you a con-
sultation. The selection of an attorney would be up
to you. Such services (also called bulletin boards)
are not State Bar-certified lawyer referral services.
Free legal aid agencies. What if you can’t
afford a lawyer? Depending on your income and
the nature of your legal problem, you may be able
to get free or low-cost legal help in non-criminal
cases from a legal services program. Check the
white pages of your telephone book to see if such
an organization is located in your area.
A State Bar-certified lawyer referral service or
local bar association may be able to refer you to a
legal services program. California’s statewide legal
services Web site —www.LawHelpCalifornia.org
— also could help you locate a local program and
provide you with other resources as well. Or,
maybe a law school clinic could assist you.
Suppose you are accused of committing a
crime. If you cannot afford a lawyer, you might
qualify for free help from the public defender’s
office. Look in the white pages of the telephone
book under your county’s listings. What if there
isn’t a public defender in your area? In such aninstance, a judge would typically appoint a privat
attorney to represent you free of charge.
Dispute resolution programs. In addition, man
communities have “dispute resolution” programs.
These programs can help you and another person
“mediate” or work out problems instead of going
to trial. For more information, see the State Bar
pamphlet How Can I Resolve My Dispute
Without a Trial? For instructions on ordering, see
the contact information at the end of #16 (page 17
Prepaid legal services plans. Perhaps you
belong to a “legal insurance” plan through your
employer, labor union, credit union, credit card
company — or as an individual. Your plan may
cover the kind of legal work you need — just as
medical insurance plans pay certain medical costs
Generally, the premiums you pay entitle you to a
certain amount of a lawyer’s time or to a lawyer’s
services at a reduced rate.
3 Do lawyers specialize?
Some do. And the State Bar has a program
designed to help you find skilled specialists.
Lawyers can become State Bar-certified specialists
(and advertise themselves as such) by passing a
written examination, demonstrating a high level of
experience in the specialty, fulfilling ongoing educa-
tion requirements and being favorably evaluated.
Currently, the State Bar certifies lawyers in 11 spe-
cialties: admiralty and maritime law; appellate law;
bankruptcy law; criminal law; estate planning, trust
and probate law; family law (divorce, custody, and
related issues); franchise and distribution law; immi-
gration and nationality law; legal malpractice law;
taxation law; and workers’ compensation law.
The State Bar also accredits the certification
programs of private certifying organizations in:
civil trial advocacy, criminal trial advocacy, fami-
ly law trial advocacy, business bankruptcy law,
consumer bankruptcy law, creditors’ rights law,
elder law, Social Security disability law, legal
malpractice, medical malpractice, and juvenile
law (child welfare). Lawyers certified by these
organizations may also advertise as “certified”
specialists. Keep in mind, however, that there are
lawyers with experience in all of these legal areaswho simply do not seek certification.
For an online list of State Bar-certified special-
ists, visit www.californiaspecialist.org and go to
Specialist Search. Or contact the State Bar’s Office of
Certification at 415-538-2120.
designed to help you find skilled specialists.
Lawyers can become State Bar-certified specialists
(and advertise themselves as such) by passing a
written examination, demonstrating a high level of
experience in the specialty, fulfilling ongoing educa-
tion requirements and being favorably evaluated.
Currently, the State Bar certifies lawyers in 11 spe-
cialties: admiralty and maritime law; appellate law;
bankruptcy law; criminal law; estate planning, trust
and probate law; family law (divorce, custody, and
related issues); franchise and distribution law; immi-
gration and nationality law; legal malpractice law;
taxation law; and workers’ compensation law.
The State Bar also accredits the certification
programs of private certifying organizations in:
civil trial advocacy, criminal trial advocacy, fami-
ly law trial advocacy, business bankruptcy law,
consumer bankruptcy law, creditors’ rights law,
elder law, Social Security disability law, legal
malpractice, medical malpractice, and juvenile
law (child welfare). Lawyers certified by these
organizations may also advertise as “certified”
specialists. Keep in mind, however, that there are
lawyers with experience in all of these legal areaswho simply do not seek certification.
For an online list of State Bar-certified special-
ists, visit www.californiaspecialist.org and go to
Specialist Search. Or contact the State Bar’s Office of
Certification at 415-538-2120.
4 What should I do if a lawyer asks for my business?
Be very cautious. Certain unsolicited commu-
nications from an attorney could violate the legal
profession’s code of ethics. Suppose you have
been injured in an automobile accident and a
lawyer or lawyer’s representative visits you in
the hospital and asks to handle your case. This
kind of behavior is called soliciting and is not
permitted under the code of legal ethics. If you
think you’ve been solicited, you can report the
lawyer to the State Bar by calling 1-800-843-9053.
nications from an attorney could violate the legal
profession’s code of ethics. Suppose you have
been injured in an automobile accident and a
lawyer or lawyer’s representative visits you in
the hospital and asks to handle your case. This
kind of behavior is called soliciting and is not
permitted under the code of legal ethics. If you
think you’ve been solicited, you can report the
lawyer to the State Bar by calling 1-800-843-9053.
5 How will I know which lawyer is best for me?
Before you meet with any lawyers, do
some “comparison shopping.” Make a list of
several lawyers. Call each lawyer and ask ques-
tions that might help you make your decision.
(Some lawyers may prefer to meet with you
briefly in person.)
Ask about the lawyer’s experience and when
he or she last handled a similar case. Ask if he or
she will meet with you once free of charge before
you make your hiring decision. If there is a fee for
such a consultation, find out how much it will be.
In any case, do not expect a long first meeting; 15
minutes to a half-hour is average.
Write down everything that the lawyers have
to say. Take time to think it over. Then make
another appointment with the lawyer who seems
right for you.
some “comparison shopping.” Make a list of
several lawyers. Call each lawyer and ask ques-
tions that might help you make your decision.
(Some lawyers may prefer to meet with you
briefly in person.)
Ask about the lawyer’s experience and when
he or she last handled a similar case. Ask if he or
she will meet with you once free of charge before
you make your hiring decision. If there is a fee for
such a consultation, find out how much it will be.
In any case, do not expect a long first meeting; 15
minutes to a half-hour is average.
Write down everything that the lawyers have
to say. Take time to think it over. Then make
another appointment with the lawyer who seems
right for you.
6 Should I hire the lawyer?
It depends on how you feel after your first
meeting with the lawyer. Before the meeting, jot
down key points in your case to share with thelawyer. Bring the names, addresses and telephone
numbers of everyone connected with the case.
In addition, bring all papers related to the case.
Some lawyers may want to review the papers
before your meeting.
Ask about any similar cases that the lawyer
has handled. And keep in mind that age may
have nothing to do with the lawyer’s ability to
help you. A lawyer who has practiced 20 years
may have less experience with your type of
problem than a lawyer who is three years out
of law school.
In addition, find out if the lawyer will handle
your case personally. If the lawyer intends to have
another member of the law firm handle any part o
the case, you might want to talk to the second
lawyer as well.
Be wary of any attorney who guarantees results
Most lawsuits and other legal work are not “sure
things.” However, a lawyer should be able to point
out the strengths and weaknesses of your case.
Find out how long the lawyer expects your
case to take, what steps will be involved, and wha
and how you will be charged. If you don’t under-
stand something, ask for a simpler explanation.
In addition, you can check the State Bar’s
Web site (www.calbar.ca.gov) to find out if
the lawyer has ever been publicly disciplined
by the bar. Simply go to Attorney Search
and Attorney/Member Search, then type in the
attorney’s name or bar number.
You may decide to hire the lawyer after your
first meeting, or you may want some time to think
about it. Ask yourself a few questions:
•Will you be comfortable working closely
with the lawyer?
• Do you think the lawyer has the experience
and skill to handle your case?
• Do you understand the lawyer’s explanation
of what your case involves?
• Does the fee seem reasonable?
If your answer to one or more of these ques-
tions is “no,” you probably should talk to another
lawyer. If all of your answers are “yes,” you may
have found the right lawyer for you.
meeting with the lawyer. Before the meeting, jot
down key points in your case to share with thelawyer. Bring the names, addresses and telephone
numbers of everyone connected with the case.
In addition, bring all papers related to the case.
Some lawyers may want to review the papers
before your meeting.
Ask about any similar cases that the lawyer
has handled. And keep in mind that age may
have nothing to do with the lawyer’s ability to
help you. A lawyer who has practiced 20 years
may have less experience with your type of
problem than a lawyer who is three years out
of law school.
In addition, find out if the lawyer will handle
your case personally. If the lawyer intends to have
another member of the law firm handle any part o
the case, you might want to talk to the second
lawyer as well.
Be wary of any attorney who guarantees results
Most lawsuits and other legal work are not “sure
things.” However, a lawyer should be able to point
out the strengths and weaknesses of your case.
Find out how long the lawyer expects your
case to take, what steps will be involved, and wha
and how you will be charged. If you don’t under-
stand something, ask for a simpler explanation.
In addition, you can check the State Bar’s
Web site (www.calbar.ca.gov) to find out if
the lawyer has ever been publicly disciplined
by the bar. Simply go to Attorney Search
and Attorney/Member Search, then type in the
attorney’s name or bar number.
You may decide to hire the lawyer after your
first meeting, or you may want some time to think
about it. Ask yourself a few questions:
•Will you be comfortable working closely
with the lawyer?
• Do you think the lawyer has the experience
and skill to handle your case?
• Do you understand the lawyer’s explanation
of what your case involves?
• Does the fee seem reasonable?
If your answer to one or more of these ques-
tions is “no,” you probably should talk to another
lawyer. If all of your answers are “yes,” you may
have found the right lawyer for you.
7 How closely will I be involved in my lawyer’s work?
It will depend on your particular arrangement.
You may be able to help by gathering papers and
other evidence and by lining up witnesses. In any
case, you should tell the lawyer everything you can
about your problem and report any new develop-
ments immediately. To do a good job, the lawyer
must know everything you know—including infor-
mation that could be damaging to your case or that
may seem unimportant to you.
Ask the lawyer to explain the various steps
involved in handling your problem. You also
could request copies of all letters and documents
prepared for your case. And you may want to
know how often the lawyer will update you.
Depending on your situation, the lawyer may be
able to provide a timetable that lays out the steps
in the case. However, this may not always be
possible. If you are involved in a lawsuit, for
example, the court’s schedule and backlog will
influence how long your case will take.
If you have any questions as your case moves
along, call the lawyer. However, keep in mind that,
depending on the fee arrangement, you could be
charged for the lawyer’s time during the phone call.
You may be able to help by gathering papers and
other evidence and by lining up witnesses. In any
case, you should tell the lawyer everything you can
about your problem and report any new develop-
ments immediately. To do a good job, the lawyer
must know everything you know—including infor-
mation that could be damaging to your case or that
may seem unimportant to you.
Ask the lawyer to explain the various steps
involved in handling your problem. You also
could request copies of all letters and documents
prepared for your case. And you may want to
know how often the lawyer will update you.
Depending on your situation, the lawyer may be
able to provide a timetable that lays out the steps
in the case. However, this may not always be
possible. If you are involved in a lawsuit, for
example, the court’s schedule and backlog will
influence how long your case will take.
If you have any questions as your case moves
along, call the lawyer. However, keep in mind that,
depending on the fee arrangement, you could be
charged for the lawyer’s time during the phone call.
8 Can I hire a lawyer to just handle certain parts of my legal matter?
Yes, in some cases. Limited representation —
hiring an attorney who will assist you at particula
stages of your case — may be appropriate for you
Whether it is a good option in your case could
depend on the complexity of your legal matter
and your financial situation. Generally, limited
representation involves less cost.
While some attorneys will not work solely
on portions of a case, others will agree to provide
limited representation. These attorneys may be
referred to as consulting attorneys, coaches or
providers of unbundled legal services. Such attor-
neys do not take on the full responsibility for
overseeing or handling your case. The limits of
the representation are set by agreement. If you
choose such representation, make sure youunderstand the extent of the attorney’s services.
Such services might include, for example, assis-
tance with a negotiation strategy, representation
at a particular court hearing or the attorney’s
“sign-off” on any legal agreement.
Another alternative would be to hire a
collaborative attorney. In this process, those on both
sides of the case and their collaborative attorneys
meet to work out their differences through an out-
of-court process. If the dispute is not settled, howev-
er, those involved would have to hire new attorneys
if they want legal help in preparing for a trial.
hiring an attorney who will assist you at particula
stages of your case — may be appropriate for you
Whether it is a good option in your case could
depend on the complexity of your legal matter
and your financial situation. Generally, limited
representation involves less cost.
While some attorneys will not work solely
on portions of a case, others will agree to provide
limited representation. These attorneys may be
referred to as consulting attorneys, coaches or
providers of unbundled legal services. Such attor-
neys do not take on the full responsibility for
overseeing or handling your case. The limits of
the representation are set by agreement. If you
choose such representation, make sure youunderstand the extent of the attorney’s services.
Such services might include, for example, assis-
tance with a negotiation strategy, representation
at a particular court hearing or the attorney’s
“sign-off” on any legal agreement.
Another alternative would be to hire a
collaborative attorney. In this process, those on both
sides of the case and their collaborative attorneys
meet to work out their differences through an out-
of-court process. If the dispute is not settled, howev-
er, those involved would have to hire new attorneys
if they want legal help in preparing for a trial.
9 Is it important to have a fee agreement?
Yes. You and your lawyer should agree on
what you will pay the lawyer and what services
will be provided. This way, both of you will know
what to expect from each other.
By law, fee agreements must be in writing
when the lawyer expects the fees and costs to
total $1,000 or more. But even if the lawyer fails
to draw up a written fee agreement, you may
still have to pay the lawyer a reasonable fee for
any work done. In any case, it is always a good
idea to have a written record of the agreement. If
there is a written agreement, keep a copy for
your records; if you have an oral agreement,
make a written note of it.
what you will pay the lawyer and what services
will be provided. This way, both of you will know
what to expect from each other.
By law, fee agreements must be in writing
when the lawyer expects the fees and costs to
total $1,000 or more. But even if the lawyer fails
to draw up a written fee agreement, you may
still have to pay the lawyer a reasonable fee for
any work done. In any case, it is always a good
idea to have a written record of the agreement. If
there is a written agreement, keep a copy for
your records; if you have an oral agreement,
make a written note of it.
10 What should be in the fee agreement?
The fee agreement should list the services
that the lawyer will perform for you, and the type
and amount of fees that you will be expected to pay.
The agreement should also explain how the costs
(the other expenses of your case) will be handled
and billed. And if the lawyer is going to add interest
or other charges to unpaid amounts, the agreement
should make this clear as well.
Afee agreement may also include your obliga-
tions as a client—to be truthful, for example, and to
cooperate and pay your bills on time.
In forming an agreement with your lawyer,
make sure that you understand all of his or herterms. If you are not sure what to ask, you might
want to bring a friend or relative along with you
when you meet with the lawyer.
Here are a few key questions:
• How will the lawyer bill for his or her time?
(See #11 and #12 describing lawyer fees.)
•Who else will be working on the case —
associate lawyer, legal assistant, paralegal? How
will their work be billed?
•What can be done to reduce fees and costs?
•What is the lawyer’s estimate of the
total charges?
• How will costs as opposed to fees be paid?
(See #13.)
Keep in mind that an estimate is just that —
a calculated guess as to how much the fees
and costs will be. The amount could change as
circumstances change.
The lawyer may have a pre-printed fee agree-
ment. If you don’t like any part of the agreement,
ask the lawyer to make revisions or to draw up a
new agreement better suited to your case.
For more information on fee agreements, along
with some sample fee agreement forms, visit the
State Bar’sWeb site at www.calbar.ca.gov. (Go to
Public Services in the left menu, then Addressing a fee
dispute with an attorney.) If you do not have access to
the Internet, call 415-538-2020.
Make sure you understand the agreement
before you sign it. If you are not comfortable with
any of the terms, don’t sign it. And if you can’t
work out your disagreement, you may want to
find a new lawyer.
that the lawyer will perform for you, and the type
and amount of fees that you will be expected to pay.
The agreement should also explain how the costs
(the other expenses of your case) will be handled
and billed. And if the lawyer is going to add interest
or other charges to unpaid amounts, the agreement
should make this clear as well.
Afee agreement may also include your obliga-
tions as a client—to be truthful, for example, and to
cooperate and pay your bills on time.
In forming an agreement with your lawyer,
make sure that you understand all of his or herterms. If you are not sure what to ask, you might
want to bring a friend or relative along with you
when you meet with the lawyer.
Here are a few key questions:
• How will the lawyer bill for his or her time?
(See #11 and #12 describing lawyer fees.)
•Who else will be working on the case —
associate lawyer, legal assistant, paralegal? How
will their work be billed?
•What can be done to reduce fees and costs?
•What is the lawyer’s estimate of the
total charges?
• How will costs as opposed to fees be paid?
(See #13.)
Keep in mind that an estimate is just that —
a calculated guess as to how much the fees
and costs will be. The amount could change as
circumstances change.
The lawyer may have a pre-printed fee agree-
ment. If you don’t like any part of the agreement,
ask the lawyer to make revisions or to draw up a
new agreement better suited to your case.
For more information on fee agreements, along
with some sample fee agreement forms, visit the
State Bar’sWeb site at www.calbar.ca.gov. (Go to
Public Services in the left menu, then Addressing a fee
dispute with an attorney.) If you do not have access to
the Internet, call 415-538-2020.
Make sure you understand the agreement
before you sign it. If you are not comfortable with
any of the terms, don’t sign it. And if you can’t
work out your disagreement, you may want to
find a new lawyer.
11 How does a lawyer decide what to charge?
Lawyers consider various factors when setting
their fees. Alawyer who is well-known in a certain
area of the law might charge more than someone
who is not. If so, you will need to consider whether
the lawyer’s special skills and experience will actual-
ly lead to a better or faster solution to your problem.
A lawyer also might consider the complexity
of the case and the amount of time your matter
could take. For example, the hearing or trial in
your lawsuit may take just a few hours. But the
lawyer may have spent days, weeks or even
longer preparing for it — researching the law,
finding and interviewing witnesses, and preparing
documents and arguments for that hearing or trial.
their fees. Alawyer who is well-known in a certain
area of the law might charge more than someone
who is not. If so, you will need to consider whether
the lawyer’s special skills and experience will actual-
ly lead to a better or faster solution to your problem.
A lawyer also might consider the complexity
of the case and the amount of time your matter
could take. For example, the hearing or trial in
your lawsuit may take just a few hours. But the
lawyer may have spent days, weeks or even
longer preparing for it — researching the law,
finding and interviewing witnesses, and preparing
documents and arguments for that hearing or trial.
12 Do all lawyers charge the same kind of fee?
ents. And most of them must be put in writing.
If the fee arrangement is for a contingency fee—
which means the attorney will get a percentage of
the settlement if you win the case—the agreement
must be in writing. And it must include, among
other things, the agreed-upon percentage.
With non-contingency arrangements, the fee
agreement must include the lawyer’s hourly rate
and other standard rates, fees and charges that
would apply to your case. It also must explain the
general nature of the services that the lawyer will
provide for you.
Sometimes it is impossible for a lawyer to know
exactly how much time your case will take. You can,
however, ask the lawyer to include an estimate of
the time and costs in a written fee agreement or let-
ter. But do not forget that many unexpected factors
could drive up the cost. For example, your case
might involve a cross complaint. This means that the
person you are suing is also suing you. Across com-
plaint could affect the type and amount of the
lawyer’s fee.
Apart from any fee you may pay for your first
meeting with a lawyer, you probably will be
charged either a fixed, hourly, retainer, contingency
or statutory fee.
Fixed fee. This type of fee, sometimes called a
standard fee, is commonly used in routine legal
matters. For example, a lawyer may charge all
clients the same amount to draw up a simple will
or handle an uncontested divorce. Legal clinics
often use this kind of fee arrangement. Before
agreeing to a fixed fee, find out what it does and
does not include. You also should find out if any
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 1112
other charges might be added to the bill.
Hourly fee. Some lawyers charge by the hour,
and the amount can vary from lawyer to lawyer.
Ask the lawyer to estimate the amount of time your
case will take. Suppose you contact three lawyers,
and one charges more per hour than the others. You
will need to decide whether this lawyer has the
skills or experience that could bring your case to a
faster solution. Also, remember that circumstances
may change, and your case may take longer to han-
dle than the lawyer initially expected.
Retainer fee. This kind of fee can mean differ-
ent things to different people; make sure you
understand your particular fee agreement.
A retainer fee can be used to guarantee that the
lawyer will be available to take a particular case.
This could mean that the lawyer would have to
turn down other cases in order to remain available.
With this kind of retainer fee agreement, the client
would be billed additionally for the legal work that
is done. If the fee agreement is a true non-refund-
able retainer agreement, you may not be able to get
your money back — even if the lawyer does not
handle your case or complete the work.
A retainer fee also can mean that the lawyer is
“on call” to handle the client’s legal problems over
a period of time. Certain kinds of legal work might
be covered by the retainer fee while other legal
services would be billed separately to the client.
In addition, a retainer fee sometimes is consid-
ered a “down payment” on any legal services that
the client will need. This means that the legal fees
will be subtracted from the retainer until the
retainer is used up. The lawyer would then bill
you for any additional time spent on your case or
ask you to replace the retainer.
Contingency fee. This kind of fee is often used in
accident, personal injury or other types of cases in
which someone is being sued for money. It means
that you will pay the lawyer a certain percentage of
the money you receive if you win the case or settle
the matter out of court. If you lose, the lawyer does
not receive a fee. Either way, though, you will have
to pay the court costs and certain other expenses.
And, depending on the circumstances, these charges
could be quite high. Ask the lawyer for an estimate
of such costs. In some cases, the lawyer may pay
some of these costs for you when they are due,
using money that you receive from the case.
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 12If you agree to a contingency fee, make
sure the written fee agreement spells out the
lawyer’s percentage and whether his or her share
will be figured before or after other costs are deduct-
ed. This can make a big difference. Suppose, for
example, you were awarded $20,000 in a personal
injury case and your lawyer was entitled to 40 per-
cent. Court costs and other expenses amount to
$2,000. If your lawyer’s share is figured after the
$2,000 is deducted, the lawyer will receive 40 per-
cent of $18,000—or $7,200; you will receive $10,800.
But, if the lawyer’s share is figured before costs are
deducted, the lawyer will get 40 percent of $20,000
—or $8,000; then, after the $2,000 in costs is deduct-
ed from the remaining amount, you will get $10,000.
Contingency fee agreements must state, among
other things, whether you will be required to pay
the lawyer for related matters (matters not specifical-
ly covered in the written fee agreement) that might
come up as a result of your case. In many cases, the
agreement also must note that the attorney’s fee is
set by the attorney and the client—not by any legal
statute or law.
Statutory fee. The cost of some probate and
other legal work is set by statute or law. For cer-
tain other legal problems, the court either sets or
must approve the fee you will pay
If the fee arrangement is for a contingency fee—
which means the attorney will get a percentage of
the settlement if you win the case—the agreement
must be in writing. And it must include, among
other things, the agreed-upon percentage.
With non-contingency arrangements, the fee
agreement must include the lawyer’s hourly rate
and other standard rates, fees and charges that
would apply to your case. It also must explain the
general nature of the services that the lawyer will
provide for you.
Sometimes it is impossible for a lawyer to know
exactly how much time your case will take. You can,
however, ask the lawyer to include an estimate of
the time and costs in a written fee agreement or let-
ter. But do not forget that many unexpected factors
could drive up the cost. For example, your case
might involve a cross complaint. This means that the
person you are suing is also suing you. Across com-
plaint could affect the type and amount of the
lawyer’s fee.
Apart from any fee you may pay for your first
meeting with a lawyer, you probably will be
charged either a fixed, hourly, retainer, contingency
or statutory fee.
Fixed fee. This type of fee, sometimes called a
standard fee, is commonly used in routine legal
matters. For example, a lawyer may charge all
clients the same amount to draw up a simple will
or handle an uncontested divorce. Legal clinics
often use this kind of fee arrangement. Before
agreeing to a fixed fee, find out what it does and
does not include. You also should find out if any
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 1112
other charges might be added to the bill.
Hourly fee. Some lawyers charge by the hour,
and the amount can vary from lawyer to lawyer.
Ask the lawyer to estimate the amount of time your
case will take. Suppose you contact three lawyers,
and one charges more per hour than the others. You
will need to decide whether this lawyer has the
skills or experience that could bring your case to a
faster solution. Also, remember that circumstances
may change, and your case may take longer to han-
dle than the lawyer initially expected.
Retainer fee. This kind of fee can mean differ-
ent things to different people; make sure you
understand your particular fee agreement.
A retainer fee can be used to guarantee that the
lawyer will be available to take a particular case.
This could mean that the lawyer would have to
turn down other cases in order to remain available.
With this kind of retainer fee agreement, the client
would be billed additionally for the legal work that
is done. If the fee agreement is a true non-refund-
able retainer agreement, you may not be able to get
your money back — even if the lawyer does not
handle your case or complete the work.
A retainer fee also can mean that the lawyer is
“on call” to handle the client’s legal problems over
a period of time. Certain kinds of legal work might
be covered by the retainer fee while other legal
services would be billed separately to the client.
In addition, a retainer fee sometimes is consid-
ered a “down payment” on any legal services that
the client will need. This means that the legal fees
will be subtracted from the retainer until the
retainer is used up. The lawyer would then bill
you for any additional time spent on your case or
ask you to replace the retainer.
Contingency fee. This kind of fee is often used in
accident, personal injury or other types of cases in
which someone is being sued for money. It means
that you will pay the lawyer a certain percentage of
the money you receive if you win the case or settle
the matter out of court. If you lose, the lawyer does
not receive a fee. Either way, though, you will have
to pay the court costs and certain other expenses.
And, depending on the circumstances, these charges
could be quite high. Ask the lawyer for an estimate
of such costs. In some cases, the lawyer may pay
some of these costs for you when they are due,
using money that you receive from the case.
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 12If you agree to a contingency fee, make
sure the written fee agreement spells out the
lawyer’s percentage and whether his or her share
will be figured before or after other costs are deduct-
ed. This can make a big difference. Suppose, for
example, you were awarded $20,000 in a personal
injury case and your lawyer was entitled to 40 per-
cent. Court costs and other expenses amount to
$2,000. If your lawyer’s share is figured after the
$2,000 is deducted, the lawyer will receive 40 per-
cent of $18,000—or $7,200; you will receive $10,800.
But, if the lawyer’s share is figured before costs are
deducted, the lawyer will get 40 percent of $20,000
—or $8,000; then, after the $2,000 in costs is deduct-
ed from the remaining amount, you will get $10,000.
Contingency fee agreements must state, among
other things, whether you will be required to pay
the lawyer for related matters (matters not specifical-
ly covered in the written fee agreement) that might
come up as a result of your case. In many cases, the
agreement also must note that the attorney’s fee is
set by the attorney and the client—not by any legal
statute or law.
Statutory fee. The cost of some probate and
other legal work is set by statute or law. For cer-
tain other legal problems, the court either sets or
must approve the fee you will pay
13 What additional out-of-pocket costs will I have to pay?
The lawyer will charge you for the costs of your
case as well as the fees. You will be responsible for
paying these costs even if your case is not success-
ful. Costs can add up quickly. It is a good idea to
ask the lawyer for a written estimate of what the
costs will be. You can tell your lawyer that costs
over a certain amount have to be approved by
you in advance.
Here are some typical costs:
• Certified shorthand reporters’ charges for
taking down testimony at depositions and trials and
for providing written transcripts of that testimony.
• Copying and facsimile (fax) costs. These are
usually charged on a per page basis. Lawyers also
may charge for secretarial time spent on these
tasks and telephone charges.• Experts and consultants’ charges. These
costs generally relate to any time spent evaluating
the case and testifying in court.
• Filing fees, which are required by courts
before they will accept legal papers.
• Investigators’ bills. Investigators may help
gather facts related to the case. They usually
charge by the hour and may bill for expenses
such as mileage, meals and lodging as well.
• Jury fees and mileage costs. These are paid to
jurors in civil cases in amounts set by law. The party
requesting the jury must pay such expenses in
advance.
• Postage, courier and messenger costs for
mailing, shipping or personally delivering docu-
ments to you or others involved in your case.
• Service of process fees charged by individu-
als who locate parties and witnesses and deliver
legal papers to them.
• Staff time for secretarial services, including
overtime, word-processing time.
• Telephone bills for long distance calls.
• Travel expenses for the lawyer when he or
she travels on the client’s behalf. These charges can
include gasoline, mileage, parking fees, meals, air-
fare and lodging.
• Witness fees and mileage charges. The
individuals who testify at depositions and trials
receive fees in amounts set by law. You also may
need to pay travel expenses if a witness must be
brought in from far away.
Your lawyer may charge you for other costs
as well. Make sure you understand all of the
costs for which you will be responsible. Ask the
lawyer if you will have to pay such costs directly
or if you will be reimbursing the lawyer for such
costs paid on your behalf.
case as well as the fees. You will be responsible for
paying these costs even if your case is not success-
ful. Costs can add up quickly. It is a good idea to
ask the lawyer for a written estimate of what the
costs will be. You can tell your lawyer that costs
over a certain amount have to be approved by
you in advance.
Here are some typical costs:
• Certified shorthand reporters’ charges for
taking down testimony at depositions and trials and
for providing written transcripts of that testimony.
• Copying and facsimile (fax) costs. These are
usually charged on a per page basis. Lawyers also
may charge for secretarial time spent on these
tasks and telephone charges.• Experts and consultants’ charges. These
costs generally relate to any time spent evaluating
the case and testifying in court.
• Filing fees, which are required by courts
before they will accept legal papers.
• Investigators’ bills. Investigators may help
gather facts related to the case. They usually
charge by the hour and may bill for expenses
such as mileage, meals and lodging as well.
• Jury fees and mileage costs. These are paid to
jurors in civil cases in amounts set by law. The party
requesting the jury must pay such expenses in
advance.
• Postage, courier and messenger costs for
mailing, shipping or personally delivering docu-
ments to you or others involved in your case.
• Service of process fees charged by individu-
als who locate parties and witnesses and deliver
legal papers to them.
• Staff time for secretarial services, including
overtime, word-processing time.
• Telephone bills for long distance calls.
• Travel expenses for the lawyer when he or
she travels on the client’s behalf. These charges can
include gasoline, mileage, parking fees, meals, air-
fare and lodging.
• Witness fees and mileage charges. The
individuals who testify at depositions and trials
receive fees in amounts set by law. You also may
need to pay travel expenses if a witness must be
brought in from far away.
Your lawyer may charge you for other costs
as well. Make sure you understand all of the
costs for which you will be responsible. Ask the
lawyer if you will have to pay such costs directly
or if you will be reimbursing the lawyer for such
costs paid on your behalf.
14 When is my lawyer’s bill due?
Unless you have a contingency fee agreement,
you probably will be billed monthly.If you are paying by the hour, you may
want the lawyer to get your permission before
spending more than a certain amount of time
on your case. You also can ask for itemized bills
detailing how the lawyer spent time on your case.
In addition, you have a right to an itemized bill
that lists expenses such as photocopying, tele-
phone calls and travel costs. In fact, a lawyer must
provide the bill within 10 days of the date that you
request it (unless the lawyer provided a bill within
the previous 31 days). And from then on, you are
entitled to make similar requests at 30-day inter-
vals after the initial request.
you probably will be billed monthly.If you are paying by the hour, you may
want the lawyer to get your permission before
spending more than a certain amount of time
on your case. You also can ask for itemized bills
detailing how the lawyer spent time on your case.
In addition, you have a right to an itemized bill
that lists expenses such as photocopying, tele-
phone calls and travel costs. In fact, a lawyer must
provide the bill within 10 days of the date that you
request it (unless the lawyer provided a bill within
the previous 31 days). And from then on, you are
entitled to make similar requests at 30-day inter-
vals after the initial request.
15 What if I can’t pay?
If you cannot afford to pay your lawyer’s
bill, try to work out a payment plan or other
arrangement with the lawyer. If you cannot reach
an agreement on how to handle the problem, the
lawyer may be entitled to stop working on your
case or even withdraw as your lawyer. You might
ask if the work could be temporarily postponed
to allow you to lower the bill.
If you think your lawyer’s bill contains an error
or an unauthorized charge, contact the lawyer
immediately and try to resolve the problem.
bill, try to work out a payment plan or other
arrangement with the lawyer. If you cannot reach
an agreement on how to handle the problem, the
lawyer may be entitled to stop working on your
case or even withdraw as your lawyer. You might
ask if the work could be temporarily postponed
to allow you to lower the bill.
If you think your lawyer’s bill contains an error
or an unauthorized charge, contact the lawyer
immediately and try to resolve the problem.
16 How can I help build a successful lawyer-client team?
You could make sure that:
• You and your lawyer have the same goals.
• You understand and are comfortable with
the lawyer’s working style. Get a clear picture of
the expected timetable in your case — when you
can expect significant developments, and when
and how often the lawyer intends to contact you.
• You provide the lawyer with the information
and documents necessary to understand your case.
• You understand and agree with the lawyer’s
billing practices.
• If you have questions or concerns about
your legal matter, you express them to the lawyer
and listen to his or her responses.
• You raise questions about your bill in a time-
ly manner. If appropriate, submit your questions to
the lawyer in writing.
These simple tips should help you develop a
positive, productive working relationship with
your lawyer. However, problems could still arise.
And in such instances, help is available. Many
local bar associations, for example, have client
relations programs that assist clients with non-
responsive lawyers.
Many of them also have fee arbitration pro-
grams to help clients resolve fee disputes with
lawyers. The State Bar’s Mandatory Fee Arbitration
(MFA) Program, conducted through the local bar
associations, is available to help resolve attorney-
client fee disputes without litigation. Attorneys are
required to participate in such arbitration if a client
requests it. If there is no local program to handle
your fee dispute or if a conflict of interest exists
with the local program in your case, contact the
State Bar’s MFA Program.
To locate a program in your area, contact your
local bar association. Or visit the State Bar’s Web
site (go to Public Services), or call the State Bar’s
MFA Program at 415-538-2020.
You may believe your lawyer intentionally
mishandled your case. Maybe he or she told you
that a will was filed for probate when it was not.
Perhaps the lawyer settled your personal injury
case without your approval. Or maybe you think
your lawyer misused or stole your money. As an
arm of the California Supreme Court, the State
Bar investigates complaints about attorney conduct
that could involve violations of legal ethics rules. If
an attorney is found guilty of ethical misconduct, he
or she could be disciplined. To file a complaint
against an attorney in California, call 1-800-843-9053
or go to Attorney Complaints on the bar’sWeb site.
You also might qualify for the bar’s Client
Security Fund, which compensates eligible
clients up to $50,000 for some losses caused by
an attorney’s misconduct. (The fund is supported
by all practicing California attorneys.)
If you believe that you’re eligible for such
a payment, call the State Bar at 213-765-1140. A
complaint must be filed against the attorney in
order to pursue a Client Security Fund claim.
For more information, see the State Bar pam-
phlet What Can I Do if I Have a Problem with My
Lawyer? To order a free copy of this pamphlet or
any of the State Bar’s consumer education pam-
phlets, send an e-mail to pamphlets@calbar.ca.gov.
To find out how to order pamphlets by mail, call
1-888-875-LAWS (5297). Or, visit the State Bar’s
Web site — www.calbar.ca.gov — where you’ll
find the online versions of the bar’s consumer
education pamphlets, as well as information on
ordering them.
• You and your lawyer have the same goals.
• You understand and are comfortable with
the lawyer’s working style. Get a clear picture of
the expected timetable in your case — when you
can expect significant developments, and when
and how often the lawyer intends to contact you.
• You provide the lawyer with the information
and documents necessary to understand your case.
• You understand and agree with the lawyer’s
billing practices.
• If you have questions or concerns about
your legal matter, you express them to the lawyer
and listen to his or her responses.
• You raise questions about your bill in a time-
ly manner. If appropriate, submit your questions to
the lawyer in writing.
These simple tips should help you develop a
positive, productive working relationship with
your lawyer. However, problems could still arise.
And in such instances, help is available. Many
local bar associations, for example, have client
relations programs that assist clients with non-
responsive lawyers.
Many of them also have fee arbitration pro-
grams to help clients resolve fee disputes with
lawyers. The State Bar’s Mandatory Fee Arbitration
(MFA) Program, conducted through the local bar
associations, is available to help resolve attorney-
client fee disputes without litigation. Attorneys are
required to participate in such arbitration if a client
requests it. If there is no local program to handle
your fee dispute or if a conflict of interest exists
with the local program in your case, contact the
State Bar’s MFA Program.
To locate a program in your area, contact your
local bar association. Or visit the State Bar’s Web
site (go to Public Services), or call the State Bar’s
MFA Program at 415-538-2020.
You may believe your lawyer intentionally
mishandled your case. Maybe he or she told you
that a will was filed for probate when it was not.
Perhaps the lawyer settled your personal injury
case without your approval. Or maybe you think
your lawyer misused or stole your money. As an
arm of the California Supreme Court, the State
Bar investigates complaints about attorney conduct
that could involve violations of legal ethics rules. If
an attorney is found guilty of ethical misconduct, he
or she could be disciplined. To file a complaint
against an attorney in California, call 1-800-843-9053
or go to Attorney Complaints on the bar’sWeb site.
You also might qualify for the bar’s Client
Security Fund, which compensates eligible
clients up to $50,000 for some losses caused by
an attorney’s misconduct. (The fund is supported
by all practicing California attorneys.)
If you believe that you’re eligible for such
a payment, call the State Bar at 213-765-1140. A
complaint must be filed against the attorney in
order to pursue a Client Security Fund claim.
For more information, see the State Bar pam-
phlet What Can I Do if I Have a Problem with My
Lawyer? To order a free copy of this pamphlet or
any of the State Bar’s consumer education pam-
phlets, send an e-mail to pamphlets@calbar.ca.gov.
To find out how to order pamphlets by mail, call
1-888-875-LAWS (5297). Or, visit the State Bar’s
Web site — www.calbar.ca.gov — where you’ll
find the online versions of the bar’s consumer
education pamphlets, as well as information on
ordering them.
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