California Legal Information
Know Your Rights Before You Hire an Attorney.
A free guide to what attorneys do, what you're entitled to as a client, how legal fees work in California, and how to check any attorney's license yourself.
The Role
What an Injury Attorney Actually Does
People often aren't sure what they're paying for. In an injury matter, an attorney generally handles work like this.
Investigates
Gathers police reports, photos, video, and witness statements.
Handles the Insurance Company
Communicates with adjusters so you don't have to.
Organizes Medical Records
Collects bills and records that document your treatment.
Values the Claim
Assesses medical costs, lost wages, and other losses.
Negotiates
Presents a demand and negotiates toward a settlement.
Files Suit if Needed
Files a lawsuit and handles litigation if no fair settlement is reached.
Deals With Liens
Addresses claims from health insurers or providers for repayment out of a settlement.
Not every injury requires an attorney. Some people handle smaller claims themselves. The California Courts Self-Help Center has information for people doing that.
Visit the Self-Help CenterAs a Client
Your Rights as a Client in California
- 01
A written fee agreement.
California generally requires contingency fee agreements to be in writing, and you're entitled to a signed copy.
- 02
To be kept informed.
Attorneys are required to keep clients reasonably informed about significant developments.
- 03
To decide on settlement.
The decision to accept or reject a settlement is generally yours, not your attorney's.
- 04
To your file.
You're generally entitled to your client file, including if you change attorneys.
- 05
Confidentiality.
Communications for the purpose of getting legal advice are generally protected.
- 06
To change attorneys.
You can generally change attorneys. Fee questions between the attorneys are usually sorted out between them.
- 07
To dispute a fee.
The State Bar runs a Mandatory Fee Arbitration program for fee disputes.
- 08
To file a complaint.
You can file a complaint with the State Bar of California about an attorney's conduct.
Transparency
How Legal Fees Work
Contingency Fee
- The attorney is paid a percentage of what is recovered
- Common in injury cases
- If there's no recovery, generally no attorney fee
- Must be in writing in California
Hourly
- You pay for time spent
- Common in business and some employment matters
- Usually requires a retainer up front
Flat Fee
- One set price for a defined service
- More common in simple, predictable matters
Fees Are Not the Same as Costs
Case costs — filing fees, records, expert witnesses, deposition transcripts — are separate from the attorney's fee. Ask whether costs come out of your share before or after the fee is calculated, and what happens to costs if the case is lost. Get the answer in writing.
A note on workers' compensation
In California workers' compensation, attorney fees are set and must be approved by a workers' compensation judge, and are generally a percentage of certain benefits recovered.
Before You Sign
Questions Worth Asking Before You Sign
Bring these to any first conversation. Tick them off as you go.
Verify
Check Any Attorney's License Yourself
Before hiring anyone, look them up. The State Bar of California keeps a public record of every licensed attorney, including their status and any public discipline. It's free and takes a minute.
Only a licensed attorney can give you legal advice or represent you. If someone isn't listed as an active licensee, be careful.
Resources
Free & Low-Cost Legal Help in California
These are independent organizations and official government resources. Attorney.com.ai is not affiliated with any of them.
Protect Yourself
Red Flags to Watch For
- Someone contacts you at the hospital, at the scene, or by phone offering to sign you up. In California, in-person or live phone solicitation of potential clients is generally prohibited.
- A 'runner' or 'capper' offers to bring you to an attorney or doctor. Paying for client referrals in injury and workers' compensation matters is illegal in California.
- Anyone guarantees a specific result or dollar amount.
- You're pressured to sign immediately.
- You're asked to sign a blank or incomplete agreement.
- You can't get a copy of what you signed.
- You can't find the person on the State Bar license search.
You can report suspected misconduct to the State Bar of California, and suspected insurance fraud to the California Department of Insurance.
Your Health
Getting Medical Care
If you've been hurt, your health comes first. In an emergency, call 911. Otherwise, see a doctor as soon as you can, even if you feel fine, since some injuries don't show symptoms right away. Keep copies of your medical records, bills, and photos. You are free to choose your own doctor.
If you were hurt at work, report the injury to your employer right away; California generally requires you to report a work injury within 30 days. Your employer's workers' compensation insurance generally covers medical treatment for a work injury.
Timing
Important Deadlines
In California, you generally have two years from the date of an injury to file a personal injury lawsuit, and three years for property damage. Claims against a government agency generally require a written claim within about six months. Workers' compensation has its own deadlines, and rules can be different for children. Missing a deadline can end a claim, so don't wait.
Questions
Frequently Asked Questions
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If you have been injured:
We can't review your situation or connect you with an attorney or doctor. Please contact a licensed California attorney of your choice. The State Bar of California lists certified lawyer referral services at calbar.ca.gov. If you were hurt at work, the California Division of Workers' Compensation has Information & Assistance officers who answer questions at no cost: dir.ca.gov/dwc.
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Workers' compensation fraud is a felony in California. Any person who knowingly makes a false or fraudulent statement to obtain or deny workers' compensation benefits may face fines, imprisonment, or both.