Why Hire a Lawyer on Contingency in California? Pros, Cons, and How It Works

The Quick Answer: You Don’t Pay Unless You Win

Hiring a lawyer on contingency means you pay nothing upfront—the attorney only gets paid if you recover money through a settlement or court judgment. For trust and probate disputes in California, this fee structure can level the playing field for beneficiaries and heirs who might not otherwise afford legal representation.

At Moravec, Varga & Mooney, we offer contingency fee agreements for select cases involving trust mismanagement, stolen inheritance, and fiduciary misconduct. It allows you to pursue justice without worrying about hourly legal fees.

How Contingency Fees Work

Under a contingency agreement:

• You pay no retainer and no hourly fees

• The lawyer only earns a fee if you receive money

• The fee is typically a percentage of your recovery (usually between 30–40%)

• If the case is lost, you owe nothing in legal fees

Contingency fees align your attorney’s motivation with your success: we win when you win.

When Contingency Makes Sense

Hiring a lawyer on contingency is ideal for cases that:

• Involve clear financial harm, such as withheld trust distributions

• Include misconduct by a trustee or executor

• Have a reasonable expectation of recovery from trust assets or estate property

• Require litigation but the client can’t pay out-of-pocket

💡 Note: Not every case qualifies. If your case is primarily about principle or non-monetary issues, a different fee arrangement may be better.

What Kinds of Cases We Handle on Contingency

At Moravec, Varga & Mooney, we consider contingency representation for:

• Beneficiaries denied their rightful inheritance

• Breach of fiduciary duty by a trustee or executor

• Surcharge actions against trustees for misuse of funds

• Trust litigation involving hidden or diverted assets

• Cases to recover stolen or misappropriated estate property

Benefits of Hiring a Lawyer on Contingency

✔️ Access to justice – Even if you can’t afford an attorney upfront

✔️ Shared risk – Your lawyer has skin in the game and is invested in the outcome

✔️ Predictable costs – No surprise billing or hourly invoices

✔️ Focused representation – Your attorney is selective and strategic

What’s the Catch?

There’s no “catch,” but there are things to know:

• If you win, the contingency fee may be higher than what you'd pay hourly

• You may still be responsible for case costs (like court filing fees or expert witness fees), although we often advance those as well

• The attorney must believe the case has strong legal and financial merit

Find Out If You Qualify for Contingency Representation

If you’re a trust or estate beneficiary and believe something has gone wrong, we want to hear from you. During your free consultation, we’ll determine whether your case qualifies for contingency representation.

📞 Contact Moravec, Varga & Mooney today to explore your options—without paying

anything upfront.