Attorney Engagement Letter and Fee Agreement
(Hourly Fee) (CA)

Summary

This is an hourly fee agreement template for use in civil litigation in California superior court. This template includes practical guidance, drafting notes, and optional clauses. Attorney fee agreements are governed by Cal. Bus. & Prof. Code §§ 6146–6149.5, as well as the California Rules of Professional Conduct, including Cal. Rules Prof. Conduct, Rules 1.5, 1.5.1, and 1.15. A written fee agreement is required if the total expense to the client, including attorney's fees, is expected to exceed $1,000. Cal. Bus. & Prof. Code § 6148(a). A written fee agreement must include: • Any basis of compensation including, but not limited to, hourly rates, statutory fees or flat fees, and other standard rates, fees, and charges applicable to the case. • The general nature of the legal services to be provided to the client. • The respective responsibilities of the attorney and the client as to the performance of the contract. Cal. Bus. & Prof. Code § 6148(a)(1)–(3). This template is drafted for situations involving a single client. Where multiple clients are retaining you, ensure that you comply with all disclosure and waiver obligations (e.g., regarding potential conflicts of interest or waiver of attorney-client privilege), either by an attachment to this template or by a separate written agreement. Similarly, where a third party, such as the client's family or an insurance company, will pay some or all of the fees, attorneys are advised to have the client and third party sign a document that discloses each party's respective obligations, including those relating to the confidentiality of attorney-client communications. For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For additional discussion of preliminary considerations regarding attorney-client relationship formation, including fee agreements, Commencing a Lawsuit: Initial Considerations (CA). For a template contingency fee agreement, see Attorney Engagement Letter and Fee Agreement (Contingency Fee) (CA). For a detailed discussion of attorney's fee agreements, rules regarding conflicts, and related topics, see CA Pretrial Civil Procedure: The Wagstaffe Group, Ch. 3, Beginning and Terminating the Attorney-Client Relationship.