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A strong business claim and no budget for hourly litigation? A Los Angeles trial lawyer who takes select business disputes on contingency.
Reviewed by David Gammill, California trial attorney · Last reviewed: October 28, 2026
Most business litigation in Los Angeles is billed by the hour, and the bill arrives whether the case is won or lost. For a company or an individual who has been wronged by a partner, a customer, a vendor, or a former associate, that math often means a valid claim is never filed. The damages are real, the documents are clear, and the budget to pursue it for two years at hourly rates is not there. Gammill Law Accident & Injury Lawyers takes select business disputes on a contingency fee: the firm is paid a share of what it recovers, and in most of the business matters it takes, the firm advances the case costs.
This page explains what a contingency arrangement means in a business case, the kinds of disputes the firm considers, how a case moves from the first call to a resolution, what the written fee agreement must say under California law, and the deadlines that apply to contract and fraud claims. It is written for a plaintiff, the person or company that was wronged. The firm does not defend business cases on contingency.
Consultations are free. Call 310-750-4149 or request a free case evaluation. Fees are set case by case, and the firm will tell you on the first call whether your dispute is one it can take on contingency.
Short answer: A contingency fee is a fee paid out of the recovery. If the case produces money, by settlement, judgment, or verdict, the lawyer is paid an agreed percentage of it. If the case produces nothing, the client owes no attorney fee. In California the arrangement must be in writing and must meet the requirements of Business and Professions Code section 6147.
Contingency fees are familiar in personal injury cases and rare in business cases, for reasons that have more to do with the economics of law firms than with the merits of the claims. A business dispute can take two or three years to resolve. It often turns on documents, depositions, and expert testimony that cost real money to develop. And the defendant may be a company that can afford to litigate for as long as it takes. A firm that bills hourly carries none of that risk; a firm that works on contingency carries all of it. That is why most business litigation firms do not offer it, and why the ones that do are selective about the cases they take.
The trade for the client is simple. In exchange for a share of the recovery, the client gets trial counsel without a monthly invoice, and the lawyer’s incentive is aligned with the client’s: the firm is paid only if the case produces money, and it is paid more when the case produces more. The firm’s written agreement states the percentage, how costs are handled, and the other terms the statute requires. A full explanation of how these agreements work in California business cases is on the firm’s guide to contingency fees in business litigation.
Fees are set case by case. In most business matters the firm works on a contingency fee, typically 30 to 40 percent of the gross recovery, under a written agreement that complies with Business and Professions Code section 6147. The percentage is agreed before the firm begins work, and it is stated in the agreement along with everything else the statute requires.
In most of the business matters it takes, the firm advances the case costs; the written agreement states how costs are handled. Costs in a business case include filing fees, deposition transcripts, document collection and review, expert witnesses, and trial exhibits. Whether costs come out of the recovery before or after the fee is calculated, and what happens to costs if the case produces no recovery, are terms the agreement must address under section 6147, and the firm goes over them with the client before anyone signs.
A hybrid fee, a reduced hourly rate plus a share of the recovery, is sometimes available. A hybrid arrangement spreads the risk: the client pays a lower hourly rate than a conventional firm would charge, and the firm takes a smaller percentage of the recovery than it would on a pure contingency. It can make sense for a client who has some litigation budget but not enough for the whole case, or for a dispute where the recovery is likely but the amount is uncertain.
The initial consultation is free, and there is no obligation. Under a contingency agreement, the firm charges no attorney fee unless it recovers for the client; under a hybrid agreement, the reduced hourly fee is owed as billed and the contingent share is owed only on a recovery. The firm’s existing guide to no-win, no-fee agreements was written for injury clients, and the percentages and tiers described there are the personal injury market, not the firm’s business-case terms; the terms above are the ones that apply to business matters.
The firm looks at business disputes where a plaintiff has been wronged, the loss can be measured in dollars, and the facts can be proved with documents and witnesses. The categories below are the ones that come up most often. A dispute that does not fit neatly into one of them is still worth a call; the question is whether it can be proved and whether it can be collected, not what label it carries.
A written agreement, a performance that was promised and not delivered, and a measurable loss. The strongest contract cases have a signed agreement, a clear breach, and damages that can be calculated from invoices, financial statements, or lost business that was reasonably certain. Many commercial contracts also carry an attorney fee clause, which can change the economics of the case; the section on fee shifting below explains how.
Partners, members of a limited liability company, corporate officers and directors, and others who manage money or a business for someone else owe duties of loyalty and care. When a partner diverts opportunities, a managing member pays himself first, or an officer deals with the company for his own benefit, the people who were harmed have a claim. These cases often involve an accounting, a claim for the profits the fiduciary took, and sometimes a claim to remove the fiduciary from control.
A deal induced by a false statement of fact, a concealed defect, or a promise made with no intention of keeping it. Fraud claims require proof that the statement was false, that the speaker knew it or made it recklessly, that the plaintiff relied on it, and that the reliance caused the loss. They are harder to prove than contract claims and more valuable when proved, because fraud supports punitive damages under Civil Code section 3294 in addition to the loss itself.
A competitor, a former employee, or a third party who knowingly induces a breach of your contract, or who disrupts a business relationship that was reasonably expected to produce revenue, can be liable for the resulting loss. These cases depend on proving what the defendant knew and intended, which usually comes from emails, texts, and the testimony of the people on the other end of the relationship.
Sales representatives, brokers, consultants, and executives who earned compensation under a written plan or agreement and were not paid it. These disputes sit at the line between business and employment law, and the right theory depends on the relationship: an independent contractor sues on the contract, while an employee may also have statutory wage claims with their own remedies. The firm handles both and will tell you which applies.
Defense work: the firm represents the party pursuing the claim, not the party defending it. Routine collections between merchants, which California treats under a separate statutory fee regime. Disputes where the only remedy sought is an injunction or a declaration, with no money damages to fund a contingency. And matters outside California, which the firm refers out.
A business case follows the same path whether the lawyer bills hourly or works on contingency. What changes is who carries the cost of each stage. The stages below are the ordinary sequence in Los Angeles County; not every case goes through all of them, and many resolve before trial.
Timing varies. A contract case with clean documents can resolve within a year of filing; a fraud or fiduciary case with contested facts and expert damages can take two years or more. The firm will give you a realistic estimate at the start, and update it as the case develops.
There is no ranking that answers that question, and a lawyer who claims the title is telling you about marketing, not law. The right question is whether the lawyer has tried cases to verdict, because a contingency business case is only as strong as the defendant’s belief that it will be tried. David Gammill is a former Los Angeles County Deputy District Attorney who has tried over 100 cases to verdict, first as a prosecutor and then as a trial lawyer for injured people. Every case is different, and past results do not guarantee a similar outcome.
A trial record matters more in a contingency case than in an hourly one. A defendant that knows the plaintiff’s lawyer will take the case to a jury has to price that risk into any settlement offer. A defendant that suspects the plaintiff’s lawyer will fold before trial has no reason to pay fair value. The firm’s edge is that it tries cases, and its contingency practice is built on that.
Other things worth asking any business litigation lawyer before you sign: whether the lawyer personally tries cases or hands them off; who will actually work on your matter; how costs are handled if the case is lost; and how the lawyer evaluates whether a judgment can be collected. The answers tell you more than any award or listing.
Business cases are won on documents and lost on credibility. A contract is only as good as the testimony explaining what the parties meant and what happened when it was broken. A fraud claim lives or dies on whether a jury believes the plaintiff was deceived and the defendant knew it. These are trial skills, and they are the same skills whether the case is about a partnership or a car crash.
David Gammill spent seven years as a Deputy District Attorney in Los Angeles County before entering private practice. Prosecutors try cases constantly, in front of juries, against experienced defense lawyers, with the burden of proof on their side of the table. That training carries into civil work: how to present a chain of documents so a jury can follow it, how to cross-examine a witness who is lying about what he knew, and how to make a damages number feel real rather than abstract.
Gammill Law Accident & Injury Lawyers is a Torrance trial firm, not a national advertising brand, and its attorneys bring more than 40 years of combined legal experience to every case it takes. The firm takes calls in English and Spanish. Its office is on Del Amo Boulevard at Hawthorne Boulevard in Torrance, and it handles business matters throughout Los Angeles County.
California regulates contingency fee agreements by statute. Business and Professions Code section 6147 requires the agreement to be in writing, requires the attorney to give the client a signed copy, and requires the agreement to state five things:
If the agreement fails to comply with any part of the section, it is voidable at the client’s option, and the attorney is then limited to a reasonable fee. A separate section carves out certain collection claims between merchants from these requirements, which is one reason the firm does not take routine merchant collections on contingency.
The practical point for a client is that the agreement is where the terms live. The percentage, the treatment of costs, and the handling of any related matters are all written down before the firm starts work, and the client keeps a signed copy. The firm’s guide to contingency fees in business litigation walks through each requirement and the questions to ask before signing.
Short answer: Four years for a claim on a written contract, two years for a claim on an oral contract, and three years for fraud, measured from discovery of the facts constituting the fraud. Other claims have their own clocks, and some deadlines can be shortened by the contract itself. Talk to a lawyer about your dates before you rely on any of these.
Two cautions. First, a commercial contract may itself shorten the time to sue, require notice before suit, or require arbitration instead of a lawsuit; the agreement has to be read before the deadline is calculated. Second, a claim against a government entity requires a written claim to the entity within months of the loss, long before any of the periods above. If the other side to your dispute is a public agency, call sooner.
The firm can evaluate a business dispute faster when it can see the documents. For the first conversation, gather what you have of the following:
You do not need a complete file to call. The firm will tell you what else it needs, and the consultation is free whether or not the firm takes the case.
Companies and individuals in Los Angeles County who have a business claim worth pursuing and no appetite for hourly litigation bills. That includes small and mid-sized businesses that were not paid under a contract, partners and LLC members who were frozen out or cheated by the people they trusted, investors and buyers who were defrauded, and sales professionals and executives who earned compensation they never received. The firm’s office is in Torrance, and it appears in courthouses throughout the county.
If your dispute is with your own employer and it involves a firing, the firm’s Los Angeles wrongful termination page describes that practice separately. Employment retaliation and discrimination claims have their own statutes, deadlines, and remedies, and the firm handles those too.
No. The firm takes select business disputes on contingency where the facts and the damages justify it. A contingency fee only works when the claim is strong enough to win, the damages are large enough to justify the investment, and the defendant can pay a judgment. The firm will tell you on the first call whether your case is one it can take that way.
Fees are set case by case. In most business matters the firm works on a contingency fee, typically 30 to 40 percent of the gross recovery, under a written agreement that complies with Business and Professions Code section 6147. The agreement states the exact percentage before the firm begins work.
In most of the business matters it takes, the firm advances the case costs; the written agreement states how costs are handled, including what happens if there is no recovery. Ask that question directly before you sign, and make sure the answer is in the agreement.
Sometimes. A hybrid fee, a reduced hourly rate plus a share of the recovery, is sometimes available, depending on the case and the client’s situation. It is not the default arrangement.
The firm’s business practice is focused on Los Angeles County. It can evaluate a California matter venued elsewhere and will tell you whether it can take it; matters outside California are referred out.
Cross-complaints are common in business litigation, and they are often tactical. The firm defends the cross-complaint as part of the same case; the agreement will say how that work is handled. A cross-complaint raises the stakes but does not change the facts, and a jury can see it for what it is.
Sometimes. If the contract has an attorney fee clause, the prevailing party can recover reasonable fees under Civil Code section 1717, and certain statutes award fees to a successful plaintiff. A fee award and a contingency fee interact under the terms of the written agreement, which must say how. The firm’s guide to contingency fees in business litigation explains the interaction.
Now. Deadlines run from the breach or the discovery of the fraud, contracts can shorten them, and evidence gets harder to collect as people change jobs and companies close. The consultation is free and there is no obligation.
The law behind this page is explained in the firm’s guide to contingency fees in business litigation in California. If your dispute is with your employer over a firing, see the firm’s Los Angeles wrongful termination page.
If you have a business claim and no budget for hourly litigation, call 310-750-4149 or request a free case evaluation. The consultation is free and confidential, you decide what to share, and nothing happens unless you ask us to act. Gammill Law Accident & Injury Lawyers, 3820 Del Amo Blvd, Ste 304, Torrance, CA 90503, serving all of Los Angeles County.
This page is attorney advertising and general information, not legal advice for any specific situation. Reading it or contacting us does not create an attorney-client relationship. Fee terms are set by a written agreement in each matter; deadlines and outcomes are fact-specific; consult a licensed California attorney about your own circumstances. Every case is different, and past results do not guarantee a similar outcome.