# What should I ask before hiring an injury lawyer?

Canonical: https://californiapersonalinjurylaws.com/guides/hiring-lawyer/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

Ask who will handle the case, what the fee is, and how costs are paid. Ask how you will get updates. Read the agreement before you sign.

## Hypothetical example

A person asks what happens to costs if the case wins or loses. They ask whether costs come out before or after the fee.

## How the rule works

Business and Professions Code § 6147 sets requirements for many contingency fee contracts. Review the actual agreement rather than assuming an advertised percentage covers every expense.

## A fee and case costs are different

A fee pays for the lawyer’s work. Costs can include records, filing fees, and expert work. A fee tied to a recovery does not tell you how every cost is handled.

Ask which amount the percentage applies to. Ask whether costs come out before or after the fee. Also ask what you may owe if no money is recovered. Get the answers in the written agreement.


To see why the amount you keep can differ, read [gross and net settlement amounts](https://californiapersonalinjurylaws.com/guides/settlement-take-home/).


Sources: [Business and Professions Code § 6147 — Contingency fee agreements](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=6147.); [Fergus v. Songer (2007) 150 Cal.App.4th 552](https://law.justia.com/cases/california/court-of-appeal/2007/b182525.html)

## Ask who does what

Find out who will handle the work and how to reach the team. Ask whether the agreement covers only the injury claim or also a vehicle-damage dispute. Ask what happens if a lawsuit or appeal is needed.

There is no one fee percentage for all injury matters. Some types of cases have special rules. A child’s settlement can also require court review of fees. This guide does not state GJEL’s fee for your case.


If only the car was damaged, read [property-damage-only claims](https://californiapersonalinjurylaws.com/guides/property-damage-only/).

For a child’s recovery, see [court review of a child’s settlement](https://californiapersonalinjurylaws.com/guides/child-injury-settlement/).


Sources: [Business and Professions Code § 6147 — Contingency fee agreements](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=6147.); [California Rules of Court, rule 7.955 — Fees in minor settlements](https://courts.ca.gov/cms/rules/index/seven/rule7_955)

## What can change the answer

A fee tied to a recovery is called a contingency fee. That does not mean costs vanish or that all firms use the same terms.

## A useful next step

Ask about each unclear term. Keep a signed copy of the written agreement.

## What could a lawyer change about my claim?

A lawyer may gather proof, explain the rules, and handle disputes or court steps. That does not promise a larger payout. Ask about the work, fees, costs, and limits of the agreement.

## Is there one set lawyer fee for every claim?

No. Read the written fee agreement. Ask how the fee and costs are worked out and what happens if the case does not recover money.

## Court decisions behind this answer

### Fergus v. Songer (2007)

150 Cal.App.4th 552, slip op., p. 3 & fn. 1. The fee contract lacked a term the law required. The court discussed what that meant for the lawyer’s fee.

Limit: This does not set GJEL’s fee or erase every possible fee claim. Read the agreement and current law.

Source: https://law.justia.com/cases/california/court-of-appeal/2007/b182525.html

## Sources

- [Business and Professions Code § 6147 — Contingency fee agreements](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=6147.)
- [Fergus v. Songer (2007) 150 Cal.App.4th 552](https://law.justia.com/cases/california/court-of-appeal/2007/b182525.html)
- [California Rules of Court, rule 7.955 — Fees in minor settlements](https://courts.ca.gov/cms/rules/index/seven/rule7_955)

General information, not legal advice.
