In plaintiff's personal injury and wrongful death matters, there is no consultation fee or any payment required from you unless we prevail in the litigation or unless we make some other arrangement. We require a written, signed fee agreement with all clients. Our normal fee schedule is usually as follows, although it may vary from case to case:
  1. 25% - if the case is settled without litigation.
  2. 1/3 - if the case resolves after filing suit, but prior to trial.
  3. 40% - if payment is received after the commencement of trial.
  4. 45% - if payment is received after the filing of a Notice of Appeal.
Where our client is a minor, our fee is usually limited to 25% (with court approval, the fee may be slightly higher if the case goes through trial). Where our client is a minor, the court must approve our fee and must approve any settlement. In medical malpractice cases, we follow the statutory limits on attorney's fees. All fees are calculated after payment of costs.

If you are an attorney who is considering referring a case to McKinley & Smith, we pay referral fees, with the consent of the client. The amount of the fee varies depending on the type and value of the case. The Rules of Professional Conduct prohibit us from providing referral fees to non-attorneys.

Potential clients should contact us at 866-539-9377, or at timsmith@calinjurylaw.com, for an appointment.