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).) 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. I am trying to translate that on a contract form. Does anyone know how to translate that? In Spanish, Contigency means the same thing in English or is lost in translation. I did some research to find out if anyone can help me? I`d be like APRECIATE IT! Thanks to a BUNCH!! 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.] There is an exception to the translation requirement when the client negotiates the terms of the agreement through his “own interpreter”, i.e. a person, not a minor, who is able to speak fluently and read with full understanding the English language and the languages indicated in which the contract or agreement was negotiated, and which is not employed by the person or whose service is provided by the person in the business. (Civ. Code 1632 (h); See also 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/