Contingency Fee Agreement In Spanish
Although section 1632 of the Civil Code indicates only five languages when a client does not have a current knowledge of English and the pricing agreement is primarily negotiated in a language other than English, it is preferable to have the pricing agreement translated into the client`s native language in order to avoid problems with mutual consent. Lawyer`s fee agreements are governed by the statue. (Bus. – Prof. Code Nr. 6146 and following) Written pricing agreements are required for contingency and non-contingent fees where the customer is not a business and it is reasonable to expect that the total costs and charges will exceed $1,000. (Bus. – Prof. Code No. 6147 a) and 6148 (a).) The fee contract must be signed by the lawyer, the client or the client`s guardian or representative… (Bus. – Prof. Code nr.
6148 (a) (d) (4).) A duplicate of the contract signed by the lawyer and the client must be given to the client at the time of the conclusion of the contract. (Bus. – Prof. Code nr. 6148 (a).) 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. 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.] A party`s fluid knowledge of English is not relevant to Section 1632, which does not refer to a party`s English-speaking skills. Section 1632 is triggered by the language in which a contract is negotiated. For example, even if one party had written its thesis in English, a court found that a Korean-negotiated agreement violated Section 1632 of the California Civil Code by failing to provide the party with a Korean translation of a fully negotiated Korean loan contract. (ING Bank, FSB v. Ahn, 717 F.Supp. 2d 931, 933 (N.D. Cal. 2010) Given this demographic shift, it is not surprising that many California lawyers are trying to promote their services to non-English speakers.