I was in an auto accident that wasn't my fault and received full settle. I think my lawyer fees are too high?
Asked in Walnut Creek, CA on September 10, 2026 Last answered on September 27, 2026I was in an auto accident that I won a full settlement, and the lawyer wants 40% of it. I always thought it was 33% unless the case goes to trial, then it'd be 40%. The retainer says 40% if full recovery is achieved. Do I have any case to disagree?
1 answer
Virtual Appointments 
Free Consultation California does not have a standard 33% attorney fee for personal injury cases, and there is no rule that a lawyer can charge 40% only if the case goes to trial. Some firms charge one-third before a lawsuit is filed and 40% afterward, but the rate depends on the agreement you signed.
If your agreement provides for a 40% fee on this settlement, that is the fee you agreed to. The fact that the case settled without a trial, or that you expected the fee to be 33%, does not change the agreement.
You can ask your lawyer for a breakdown of the settlement, including the fee, case costs, any liens, and what you will receive. You can also ask whether the lawyer is willing to reduce the fee, but there is no automatic right to a lower percentage simply because the case settled.
Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!
Submit a question and get answers for free from a Super Lawyers Selectee.
Ask a questionThe information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.