Given this demographic, it is not surprising that many California lawyers are trying to promote their services to non-English speakers. If this is successful, lawyers will then have to negotiate a fee contract with their new clients. This article will briefly examine some of the important ethical considerations when lawyers advertise and draft pricing agreements for non-English speaking clients. There is only one fool who hires a lawyer without a written agreement. Good lawyers know this and explain your homework and theirs in a document that you can read and understand. It is only when you have understood the agreement that you will be asked to sign and confirm your understanding with your lawyer. Always ask for a copy of the legal fee agreement at your first meeting. As with all documents, make sure you fully understand before you sign it. No serious lawyer will put you under pressure to accept an on-the-spot fee agreement. If he does, you will find another lawyer. Among other types of contracts and transactions, The Civil Code Section 1632 states that if a legal fee contract is negotiated primarily in one of the five languages listed, orally or in writing, the lawyer must translate an unfulfilled copy of the agreement to the client in the language in which the agreement was negotiated, including a translation of any duration and condition in the contract or contract before the client complies. (Civ. Code 1632 (b) (6); See Vapnek, Tuft, Peck and Weiner, Cal.
Mr. Prac. Guide: Professional Responsibility (The Rutter Group 2012) It is never enough for the lawyer to give the translation to the person in a foreign language after executing (signed) the contract. (California Department of Consumer Affairs, Foreign Language Translation of Consumer Contracts, Legal Guide K-4 (May 2012), available from www.dca.ca.gov/publications/legal_guides/k-4.pdf [hereafter the DCA Legal Guide.] Individual pricing agreements are becoming increasingly popular because lawyers who agree to “pay” the cost of a case for unforeseen costs are now entitled to deduct costs as business expenses. If US$10,000 is required to pay an expert`s bill, it is paid by the lawyer`s net pre-tax income, which reduces the resulting taxes of $4,900 and a net income of $5,100.