California  |  Legal Malpractice

I have retained an attorney to help me in a malpractice matter. He has agreed to represent me on a contingency basis and accepted $5,000.00 as a deposit towards expenses. I have asked about the distribution of any award, as the retainer does not make it clear and he has agreed to take any costs off the top, (before his 1/3 or my 2/3 distribution). Because he has said he will do this in emails I asked him if this could be put into the retainer agreement. He has told me it is not necessary, that his emails agreeing to this distribution will suffice. He has also said if I want the retainer amended to reflect what he's agreed to in emails, I should do the amendments myself. I find this a litle strange that he'd suggest I amend the retainer myself.

Are his emails agreeing to this distribution sufficient or should I insist on him changing the agreement? After all, he has the template and the wherewithal to do this, not me. Thank you for your help with this question. Claudia