What specific questions should I ask a personal injury lawyer in California before signing a contingency fee agreement?

Before signing a contingency fee agreement, you must ask specific questions to fully understand the lawyer's fee percentage, how case costs are handled, and who will manage your case. Here are the key questions to ask a California personal injury lawyer: Step 1: Clarify the Fee Percentage Ask the attorney for their exact contingency fee percentage. Inquire if this percentage changes at different stages of the case. For example, some lawyers charge a lower percentage if the case settles before filing a lawsuit and a higher percentage if the case proceeds to litigation or trial. Step 2: Understand How the Fee is Calculated Ask this critical question: "Is your fee calculated from the gross settlement before costs are deducted, or from the net settlement after costs are deducted?" This dramatically affects how much money you receive. An agreement based on the gross amount means the lawyer's fee is larger, and you pay all costs from your remaining share. Step 3: Ask About Case Costs Request an explanation of all potential case costs, such as expert witness fees, court filing fees, deposition costs, and investigation expenses. Crucially, ask who is responsible for paying these costs if you lose the case. California law requires the agreement to state how costs will be handled. Step 4: Discuss Who Handles Your Case Ask which attorney will be primarily responsible for your case and who your day-to-day contact will be. Inquire about their experience with cases similar to yours and their track record. Ask how frequently you can expect to receive updates on your case's progress. Important considerations: California Business and Professions Code § 6147 requires all contingency fee agreements to be in writing. The agreement must include the fee percentage, how costs will affect your recovery, and a statement that the fee is not set by law but is negotiable between attorney and client. For medical malpractice cases, be aware that California law (B&P Code § 6146) places a cap on the contingency fees an attorney can charge. Note: Do not rely on verbal promises. Ensure every detail you discuss, especially regarding fees and costs, is clearly written in the final agreement you sign. Read the document carefully before signing it. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.