Attorney–Client Relationship in California: Rights, Fees & Duties

0:00 Here's what almost nobody tells you. While you're deciding which attorney to hire, the attorney is deciding whether to take you.

0:07 In the next ten minutes: what an attorney actually owes you, what a trial really costs, and the three questions every attorney asks about your case before they call you back.

0:18 This is the California Attorney Registry's plain-language guide to the attorney-client relationship. It's legal information, not legal advice.

0:30 Start with what the relationship is. Hiring an attorney isn't like hiring a contractor. Under California law, your attorney is a fiduciary. That means they're required to put your interests ahead of their own.

0:44 Generally, it doesn't begin when you make a phone call. It begins when you both agree that the attorney will represent you. And if the work is likely to cost more than $1,000, California requires that agreement in writing.

0:58 So what's a consultation? An evaluation. You describe what happened, the attorney listens, and you both decide whether to go further. No one represents anyone yet.

1:09 But here's the part people miss. Even if that attorney never takes your case, they still have a duty to keep what you told them confidential.

1:20 Once you're a client, you're owed five things.

1:25 One: confidentiality. California's statute is blunt. An attorney must protect a client's secrets, quote, at every peril to himself or herself.

1:35 Two: communication. You're entitled to know what's happening in your case, and to get answers to reasonable questions. Going quiet is one of the most common complaints clients make. And answering you is a rule, not a courtesy.

1:49 Three: competence. They need the skill to handle your kind of matter. Four: loyalty. No representing someone whose interests conflict with yours, unless you agree in writing.

2:01 Five, and this one surprises people: the big decisions are yours. Your attorney decides strategy. But whether to settle, and for how much? That's your call. And they must tell you about every written settlement offer.

2:14 Your money stays yours, too. Funds held for you go into a separate client trust account. And you can end the relationship at any time. When you do, your file goes with you.

2:28 It runs both ways. Your attorney can only work with what you give them. So tell the whole truth, especially the parts that hurt. It's confidential, and the other side will find it anyway.

2:40 Hand over documents early. Answer when they call. And never sit on a deadline. The fastest way to weaken a good case is to surprise your own attorney.

2:53 Now, the other side of the desk. When an attorney reads your case, they are running three questions. Most will never say them out loud.

3:01 Question one: can it be proven? Not what happened. What can be shown, with documents, witnesses, and records. A strong story with no evidence is a weak case.

3:11 Question two: what is it worth? Medical bills, lost income, property, pain. Attorneys measure the provable loss, because that sets the ceiling on everything else.

3:22 Question three: can anyone actually pay? A judgment against someone with no insurance and no assets is a piece of paper. Attorneys check this first. Clients almost never do.

3:34 Then there's the clock. In California you generally have two years to file an injury lawsuit.

3:40 Against a city, a county, or the state, you may have just six months to file a claim. Miss it, and the strongest case in the state is over.

3:49 Last, the math. On a contingency case the attorney pays the costs up front and is paid only if you recover. So if the cost of proving a case is more than the case is worth, they'll pass.

4:01 That's usually economics, not a verdict on you. A no from one office isn't a no from all of them.

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4:18 Which brings us to the question everyone actually wants answered. What does this cost?

4:23 There are four ways attorneys charge. Hourly. A flat fee for a defined job. A retainer paid up front and drawn down. Or contingency: a percentage of what you recover, and no fee if you don't.

4:37 For an ordinary injury case, no law sets that percentage. Around a third is common, often more if the case goes to trial.

4:45 But it is negotiable, and the agreement has to say so in writing. Medical malpractice is the exception. There, state law caps the fee.

4:55 Now the part that catches people. Fees are not costs. Costs are everything the case itself consumes, and they're separate.

5:02 Filing a civil lawsuit in superior court: $435. Asking for a jury: a $150 deposit. Then court reporters for every deposition. And expert witnesses, who often bill hundreds of dollars an hour.

5:19 And trial itself? Do the math. The average California attorney bills about $420 an hour.

5:26 A modest case taken all the way through trial can take 200 hours or more. That's $84,000 in fees, before a single expert is paid.

5:36 That's why the great majority of civil cases never see a courtroom. They settle. And it's why a good attorney talks to you about cost and risk from the very first meeting.

5:47 One more surprise. In California, each side generally pays its own attorney, win or lose, unless a contract or a statute says otherwise.

5:57 You have tools to keep it under control. Ask for a written estimate by phase. Ask about limited-scope help, where the attorney handles only part of the case. Disputes of $12,500 or less can go to small claims, with no attorneys at all.

6:14 You can request an itemized bill, and it's due within ten days. And if you ever dispute a fee, California gives clients the right to arbitration.

6:26 So what should you expect once you've hired someone? A civil case moves in stages. A demand. A filing. Then discovery, where each side trades documents and takes testimony. That's usually the longest and most expensive stretch.

6:41 Then mediation or settlement talks, and only then, trial. Start to finish, expect months at the least, and often years. There will be quiet stretches. That's normal. Not hearing back when you ask is not.

6:57 Before you sign with anyone, check five things.

7:01 Is the license active? Is there a discipline record? Both are public, on the State Bar's own page.

7:08 Who will actually handle your file, the attorney you met, or someone you haven't? How will fees and costs work, in writing? And how, and how often, will you hear from them?

7:18 A confident attorney answers all five without flinching. If you're rushed past any of them, keep looking.

7:28 This is exactly why the California Attorney Registry exists. It publishes the official State Bar roll as a public record.

7:36 More than 279,000 attorneys, across all 58 counties, refreshed every day.

7:43 Search by name, city, or area of law. Open any record and you'll see license status, admission year, law school, and certified specialties, with a link straight to the State Bar. Contact details are free. Nothing is behind a paywall.

7:58 Or let attorneys come to you. Submit your case for review. Seven questions, in your own words, starting with: what happened? It's free, and it always will be.

8:08 Attorneys who practice that area of law can read it. The ones who want it send you a proposal: their approach, their fees, and whether they'd take it on contingency. Compare them side by side. Choose one, or none.

8:22 The registry never picks an attorney for you, and it never takes a share of anyone's fee.

8:28 One honest note: your case file isn't privileged, because no one there is your attorney yet. So stick to the facts. The choice is always yours.

8:40 And if you're a California attorney, here's your side of it. Your profile is already on the roll. Claim it free, verified against your own State Bar record.

8:50 Then open the review pool. Real matters, described by the people living them, searchable by practice area and county. You read what you choose, on your own terms.

9:00 See a case you can help with? Run the same three questions: proof, value, recovery. Then send a proposal directly to that person. No per-lead fees. No share of your fee. Reviewing cases is free at every level.

9:14 Gold members get an email alert the moment a new matter lands in their practice areas and counties, plus labeled sponsored placement. Sponsored is always labeled, and the neutral order can't be bought.

9:30 So remember three things. Your attorney works for you, and the big decisions are yours. Get the fee and the costs in writing before anything else. And check the record before you sign.

9:42 We're glad that you made it to the end, and please hit that Like button and Subscribe to the channel for more incredible videos! Visit CaliforniaAttorneyRegistry.com, for all of your legal needs.