Can an attorney who contracts to represent a plaintiff on a contingency fee basis provide a duplicate copy of the contract?

MultiRegion, United States of America

The following excerpt is from In re Kucek Development Corp., 113 BR 652 (E.D. Cal. 1990):

6 At the time of its adoption, section 6147 read, in pertinent part:

(a) An attorney who contracts to represent a plaintiff on a contingency fee basis shall, at the time the contract is entered into, provide a duplicate copy of the contract, signed by both the attorney and the plaintiff, or his guardian or representative, to the plaintiff, or to the plaintiff's guardian or representative. The contract shall include, but is not limited to, the following:

(1) A statement of the contingency fee rate which the client and attorney have agreed upon.

(2) A statement as to how disbursements and costs incurred in connection with the prosecution or settlement of the claim will affect the contingency fee and the client's recovery.

* * * * * *

(b) Failure to comply with any provision of this section shall render the agreement voidable at the option of the plaintiff, and the attorney shall thereupon be entitled to collect a reasonable fee.

Cal.Bus. & Prof.Code 6147. The statute was amended in 1986 to specifically require that a contingency fee agreement be in writing. However, the terms of the original statute also required an agreement to be in writing. Alderman v. Hamilton, 205 Cal.App.3d 1033, 1037 n. 1, 252 Cal.Rptr. 845, 848 n. 1 (1988).

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