Legal Question in Legal Ethics in California

What are the rules regarding changing a payment agreement with your attorney from hourly to contingency?

Asked on 8/17/17, 7:18 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

There are no rules. It is whatever you can negotiate with your attorney. An attorney weighs a lot of factors when deciding if she or he should take a case. That includes the client's ability to pay versus whether the attorney needs to shell out money from the attorney's own pocket for a contingency case. An attorney also might calculate that the case might not be a foregone winner, but if the client is willing to invest the client's own money in the outcome, the attorney would be willing to invest time as it might be worth a shot. However, that might not be true if the attorney must risk the attorney's own money on a 50:50 (or lower) case.

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Answered on 8/17/17, 9:36 pm

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