Legal Question in Employment Law in California

If your attorney does not have a written fee agreement with you he is in violation of State Bar rules and cannot enforce any oral agreement. That does not, however, mean he is not entitled to be paid. If he takes you to fee arbitration, which is the alternative to the two of you working it out, he will be awarded what the arbitrator finds to be a reasonable fee.

I cannot really comment on the details of the settlement, since I don't have the document in front of me. Generally, however, failure to make payments due under a settlement agreement are a simple breach of contract, not something that voids the settlement.

I agree with Mr. McCormick as to the need for a written fee agreement for a contingency.

The facts underlying your settlement are critical here. For instance, there would be no breach if the other side made the required payment but the funds are with your attorney. Without seeing the settlement agreement and knowing more facts, it is not possible to comment any further.