What is a proper contingency fee?
An attorney’s fee is usually negotiated, and depends on the complexity of the case, the time at which it settles, and the anticipated costs that may be invested. In California, 40% is the fee that is typically charged as the maximum fee if the matter is litigated through trial or arbitration. The only way to know if your attorney is willing to consider a lower fee is to ask. If there isn’t much of a fault (“liability”) issue, you may be able to find a less expensive lawyer. The skill and reputation of your lawyer is very important, though. A 40% fee to a highly skilled, well-respected lawyer will in all probability yield a higher overall recovery to you than a 33 1/3% fee with less experienced counsel.
