Hiring a Slip and Fall Lawyer in California
Who is responsible for a fall in California, the deadline to sue and the shorter deadline for falls on city property, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in California: fee rules
| Rules on contingency fees | California's Rule 1.5 bars unconscionable or illegal fees and lists factors for judging a fee, including whether it is fixed or contingent and whether the client gave informed consent. Under Rule 1.5(c), a lawyer may not charge any fee in a family law matter that is contingent on securing a dissolution or nullity of marriage or on the amount of spousal or child support or a property settlement, and may not charge a contingent fee to represent a criminal defendant. Chapter 1 PDF: https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct-1.pdf |
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| If you disagree with a lawyer's bill | California's Mandatory Fee Arbitration program lets clients dispute an attorney's bill; if the client requests arbitration through the program, the attorney must participate. Most fee arbitrations are run by local county bar association programs where most of the legal services were provided; if there is no local program, the State Bar may provide arbitration. Mediation is also available and is voluntary for both sides. A filing fee applies. Clients do not need a lawyer. State Bar program phone: 415-538-2020. |
| If a lawyer takes your money | The State Bar's Client Security Fund, funded by California lawyers, can reimburse people who lost money or property because a California lawyer committed theft or dishonest conduct. Reimbursement is discretionary and can be up to $100,000 per claim, depending on when the loss occurred. Negligence, malpractice and incompetence, interest, expenses and consequential damages are not covered, and you must be able to prove the lawyer received your money or property. Filing is free and no lawyer is required; filing does not stop statutes of limitations on other remedies. |
California rules to know first
| Property owner's duty | Slip and fall / premises liability: California uses one reasonable-care standard for everyone on the property rather than separate invitee, licensee and trespasser duties. A person who owns, leases, occupies or controls property must use reasonable care to keep it reasonably safe, to discover unsafe conditions, and to repair, replace or adequately warn of anything that could reasonably be expected to harm others. To prove an unsafe-condition claim, the injured person must show that a condition created an unreasonable risk of harm, that the owner knew or with reasonable care should have known about it, that the owner failed to fix it, protect against it or warn, and that this was a substantial factor in causing the harm. Claims against public entities follow separate dangerous-condition rules (CACI No. 1100 and following). |
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| Claims against a city or county | Claims against a city, county or other government agency: before suing, you must file a written claim with the agency; for a city or county, you contact that city or county to learn how to submit it. A claim for injury to a person or damage to personal property must be filed within 6 months of the injury. The agency has 45 days to respond; if it denies the claim, you have 6 months from the date the rejection was mailed to sue, and if it does not respond, you generally have up to 2 years from the injury to sue. The same Government Claims Act process covers the state and local agencies (state claims go to the Government Claims Program). Official court self-help page. |
| Deadline to sue | A lawsuit for injury to a person (for example, accidents, assault, battery, or negligent or intentional infliction of emotional distress) must generally be filed within 2 years from the date of the injury. If the injury was not discovered right away, the time generally starts when it was discovered or should reasonably have been discovered. |
Find and check a lawyer
| Lawyer referral service | The State Bar of California does not run its own referral service ("the State Bar is not a Lawyer Referral Service"); it certifies lawyer referral services that meet standards approved by the California Supreme Court. A certified service can help you decide whether you need a lawyer and, where available, refer you to a local lawyer in good standing with professional liability insurance who handles your type of problem; you do not have to hire that lawyer. "Lawyers referred to you will offer you an initial consultation for a reduced fee or no fee." Find a certified service with the State Bar's online directory by county, area of law and language. The California Courts self-help guide says referral services typically list lawyers who meet for 30 minutes for a small fee (around $40). Courts self-help guide: https://selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help |
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| Check that the lawyer is licensed | The State Bar of California's "Check Attorney Profile" licensee search is the official tool for looking up California attorneys. |
| Check discipline history or file a complaint | Complaints about attorney misconduct are filed with the State Bar of California through its online complaint application; the bar's Public Trust Liaison Office helps members of the public with questions. Fee disagreements follow a separate fee dispute process. The State Bar also publishes recent disciplinary actions. Recent disciplinary actions: https://www.calbar.ca.gov/public/concerns-about-attorney/recent-disciplinary-actions ; Public Trust Liaison Office: https://www.calbar.ca.gov/public/concerns-about-attorney/public-trust-liaison-office |
Free legal help
| Free legal aid | All California superior courts have free legal self-help programs, where staff give legal information and help with forms but cannot represent you. For non-criminal cases, legal services programs give free or low-cost help depending on your income and type of problem; use LawHelpCalifornia.org to find local legal aid offices. LSC-funded legal aid organizations in California include Bay Area Legal Aid, California Indian Legal Services, California Rural Legal Assistance, Central California Legal Services, Greater Bakersfield Legal Assistance, Inland Counties Legal Services, Legal Aid Foundation of Los Angeles, Community Legal Aid SoCal, Legal Aid Society of San Diego, Legal Services of Northern California and Neighborhood Legal Services of Los Angeles County. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.