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Attorney Contingency Fees


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#1 Toleavemsg

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Posted 11 April 2012 - 09:58 AM

I am a single mother with a kid living in Hollywood, CA.  I am trying to hire an attorney plaintiff side to represnt my civil law suit against slumlord case.


My attorney explained that if i lose I don't have to pay anything but costs.


i don't understand the costs. He said I have to pay the costs to my attorney and the defendant's cost for answering my law suit, etc.


Someone please explain to me that costs are only court costs such as filing fees, so on.


Or deposition costs, medical experts, mold experts, etc. costs.


Since I am unemployed, my attorney is willing to file Fee Waiver that if the Court grants me, eventhough I lose my case I don't have to pay my attorny the court cost, but I still have to pay defendant's side costs?


If the court grants me the fee waiver, do I still have to pay deposition, mold experts, etc cost to my attornye if i lose? and plus defendant's court costs and other expenses like deposition, expperts' costs?


I need help to understand the contingency fee agreement.


Thanks,



#2 pg1067

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Posted 11 April 2012 - 10:38 AM

Toleavemsg said...


My attorney explained that if i lose I don't have to pay anything but costs.


i don't understand the costs. He said I have to pay the costs to my attorney and the defendant's cost for answering my law suit, etc.


Someone please explain to me that costs are only court costs such as filing fees, so on.


Or deposition costs, medical experts, mold experts, etc. costs.



The costs recoverable by a prevailing party in a civil lawsuit in California are set forth in Code of Civil Procedure Section 1033.5(a)(1)-(14) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1021-1038).  Normally, each party pays his/her own expert witness fees, but liability for those fees can be shifted under the circumstances described in Code of Civil Procedure Section 998 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=998).  Of course, you will also have to pay whatever costs you and your lawyer agree you will be responsible for, which may or may not include fees charged by your own expert witnesses.


Toleavemsg said...


Since I am unemployed, my attorney is willing to file Fee Waiver that if the Court grants me, eventhough I lose my case I don't have to pay my attorny the court cost, but I still have to pay defendant's side costs?


If the court grants me the fee waiver, do I still have to pay deposition, mold experts, etc cost to my attornye if i lose? and plus defendant's court costs and other expenses like deposition, expperts' costs?



A fee waiver only exempts you from paying filing fees and other costs assessed by the court.  You still will have to pay whatever other costs you and your attorney agree you will have to pay, and you will be subject to liability for the plaintiff's recoverable costs if you lose.  Just to give you some perspective, I currently have a $150,000+ judgment on behalf of a client against an unsuccessful plaintiff who had a fee waiver from the court.


Toleavemsg said...

I need help to understand the contingency fee agreement.

You need to sit down with your lawyer to discuss these things.






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