"No Fee Unless We Win": Costs, Liens and Losing Explained

Table of Contents

If my lawyer works on “no fee unless we win,” what could I still owe?

California requires a contingency fee contract to be in writing and to state how the costs and disbursements of the case will affect the fee and the client’s recovery (Business and Professions Code section 6147). The contract must also state to what extent the client could be required to pay the attorney for related matters not covered by the contingency contract. The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee, with no fee unless the case is won.

What the contract must say

The contract must state the contingency fee rate agreed on (Business and Professions Code section 6147). Unless the claim is one covered by Business and Professions Code section 6146, it must state that the fee is not set by law and is negotiable. The attorney must give the client a duplicate copy signed by both.

Hospital liens on a recovery

A California hospital that treats someone injured by another’s wrongful act can have a lien on damages the injured person recovers from the person responsible, up to the hospital’s reasonable and necessary charges (Civil Code section 3045.1). A payer who ignores the lien notice is liable to the hospital, but not for more than 50 percent of the money due under the judgment, compromise or settlement after prior liens are paid (Civil Code section 3045.4). The hospital lien statute does not apply to injuries covered by workers’ compensation (Civil Code section 3045.1).

Costs if a case is lost

Except where a statute says otherwise, the prevailing party in a lawsuit is entitled to recover its costs as a matter of right (Code of Civil Procedure section 1032). A defendant is a prevailing party where the plaintiff recovers nothing against that defendant.

Settlement offers and costs

If a defendant makes a formal written offer under Code of Civil Procedure section 998 that is not accepted, and the plaintiff then fails to get a more favorable judgment, the plaintiff cannot recover postoffer costs and must pay the defendant’s costs from the time of the offer (Code of Civil Procedure section 998). The court may also order the plaintiff to pay a reasonable sum toward the defendant’s postoffer expert witness costs.

Questions to ask before you sign

Are case costs taken out before or after the fee is calculated?
Who pays the costs if the case is lost?
Which medical liens are likely, and who negotiates them?

Frequently asked questions

What happens if the fee contract does not follow these rules?

The contract is voidable at the client’s option, and the attorney is then entitled to collect a reasonable fee (Business and Professions Code section 6147).

To talk through a crash case and how the fee works, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.

What “No Fee Unless We Win” Covers: Case Costs, Liens and What You Pay If You Lose