Who Pays the Attorney Fees
California trust litigation usually follows the American rule: each side pays its own attorney. Probate Code section 17211 is the exception that matters. Where a trustee opposes a beneficiary's contest of an account without reasonable cause and in bad faith, the court can charge the beneficiary's fees to the trustee.
The question behind the question. Most people asking this are really asking whether they can afford to be right. There are three answers — fee-shifting, contingency, and the trust paying its own trustee — and which applies changes the arithmetic completely.
The exception that shifts fees
California trust litigation generally follows the American rule: each party bears its own attorney fees. Probate Code section 17211 creates the exception that matters most to a beneficiary. Where a beneficiary contests the trustee’s account and the court determines that the trustee’s opposition to that contest was without reasonable cause and in bad faith, the court may award the beneficiary the compensation of their attorney and their litigation costs, chargeable against the compensation or other interest of the trustee in the trust, with the trustee personally liable and liable on any bond for the unpaid balance. The provision is symmetrical: a contest brought by a beneficiary without reasonable cause and in bad faith exposes that beneficiary to the trustee’s fees, charged against their interest in the trust. Separately, where a matter is taken on contingency, Business and Professions Code section 6147 requires the written agreement to state how disbursements and costs will affect the fee, because costs remain a distinct category from it.
Sources: Probate Code s.17211 - Attorney fees on contest of a trustee account · Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-14.
Three ways a case gets funded
| Route | Who pays as you go | When it applies |
|---|---|---|
| Hourly | You do | Any matter; the default |
| Contingency | The firm carries it | Where there is a real, reachable asset to recover |
| §17211 fee-shifting | Recovered at the end, if the finding is made | Account contests where the trustee’s opposition was unreasonable and in bad faith |
These are not alternatives so much as layers. A matter can run on contingency and still end with a fee award under section 17211 — and the possibility of that award is itself leverage in a mediation.
What the trustee is doing with the trust’s money
Worth knowing early: a trustee defending their own conduct will often pay their lawyer from trust funds — which is to say, partly from your inheritance. That is one of the strongest practical reasons to compel an accounting at the outset rather than late. What an accounting must show.
Need help with legal fees?
We litigate select cases on contingency, with no upfront fees.
Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.
How contingency fees work in California
A contingency fee means the attorney is paid from what is recovered rather than by the hour, so a beneficiary who cannot fund litigation out of pocket can still bring a claim. California regulates these agreements closely. Under Business and Professions Code section 6147, the agreement must be in writing and the attorney must give the client a duplicate copy, signed by both, when the contract is made. It must state the agreed contingency rate; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay for related matters. Unless the matter falls under section 6146, the agreement must also state that the fee is not set by law and is negotiable. These are not formalities: failure to comply with any provision of section 6147 makes the agreement voidable at the client’s option, leaving the attorney entitled only to a reasonable fee.
Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.
Not every matter suits a contingency arrangement, and the firm does not take every case on one. Whether yours qualifies depends on the facts, the likely recovery, and the assets actually available to satisfy a judgment. Ask when you call.
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