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.