A California Attorney Fee Letter for Personal Injury — Contingency Retainer is a legally binding document that outlines the terms and conditions of the attorney-client relationship in personal injury cases. This letter serves as a contract, providing crucial information about how the attorney's fees will be calculated and paid in contingency fee arrangements. In California, there are generally two types of contingency fee agreements commonly used in personal injury cases — standard contingency fee agreements and sliding scale contingency fee agreements. 1. Standard Contingency Fee Agreement: This type of fee agreement states that the attorney will receive a percentage of the client's final settlement or court award as their legal fee. The percentage typically ranges from 33% to 40% of the total recovery. This means that if the client receives compensation, the attorney will be paid a predetermined portion of that amount. However, if the client does not receive any compensation, the attorney will not be entitled to any fees. 2. Sliding Scale Contingency Fee Agreement: This type of fee agreement allows for a flexible percentage of the client's recovery, which varies depending on the stage at which the case is resolved. It typically has different percentages for pre-litigation settlement, filing a lawsuit, or going to trial. For example, the attorney might receive a lower percentage (e.g., 25%) if the case settles before a lawsuit is filed, but a higher percentage (e.g., 40%) if the case goes to trial. The sliding scale contingency fee agreement offers more flexibility and encourages early settlement while providing higher compensation if the case requires more time and effort. The California Attorney Fee Letter for Personal Injury — Contingency Retainer outlines key details including: 1. Attorney's Fees: It specifies the percentage of the recovery or settlement that the attorney will receive as their fee based on a particular type of contingency fee agreement. 2. Costs and Expenses: The letter defines which costs and expenses, such as court filing fees, expert witness fees, medical records, deposition transcripts, etc., will be deducted from the client's recovery and explains how they will be handled. 3. Termination Clause: This clause outlines the circumstances under which either party has the right to terminate the attorney-client relationship. 4. Client Responsibilities: It delineates the client's obligations, such as providing accurate and complete information, cooperating with the attorney, and attending required appointments. 5. Confidentiality: The letter includes provisions regarding the protection of client confidentiality and the attorney's duty to maintain attorney-client privilege. It is crucial for both the attorney and the client to carefully review and understand the California Attorney Fee Letter for Personal Injury — Contingency Retainer before signing. It is always recommended that clients seek independent legal advice to ensure they fully comprehend the terms and consequences of the agreement.