← Back to All Petitions
Civil Rights
Initiative 25-0027A1
Right to Contract With an Attorney
Initiative Constitutional Amendment
What This Does in Plain English
If a law like 25-0022A1 (the attorney fee cap) passes, this measure would act as a direct counterbalance. It writes into the California Constitution that people have the right to hire the attorney of their choice and to enter into contingency-fee agreements — meaning the government could not pass new laws that interfere with those private contracts.
The Problem It's Solving
- Injured Californians often cannot afford to pay an attorney upfront. Contingency fees — where the lawyer only gets paid if you win — are the only way many people can access legal representation.
- If attorney fees are capped (as in 25-0022A1), attorneys may refuse to take on difficult or expensive cases, leaving victims without lawyers.
- This measure protects the ability of ordinary people to make their own agreements with legal counsel.
What Changes
- Constitutional right: Californians would have a constitutional right to hire an attorney of their choosing.
- Contingency fee protection: The state could not pass new laws that deny or interfere with contingency-fee contracts.
- Direct check on 25-0022A1: If both measures appear on the same ballot, voters would be choosing between competing visions of how the legal system should work.
Who Is Behind It
This measure is backed by trial lawyers and plaintiff-side legal organizations who oppose the attorney fee cap pushed by Uber and insurance interests.
Who It Affects
- Californians who need to sue for injuries, discrimination, or other harms but cannot pay upfront legal fees
- Personal injury and civil rights attorneys
- Corporations and insurers who prefer lower litigation costs
Arguments For
- Preserves access to justice for working-class and low-income people.
- Protects a fundamental freedom — the right to choose your own lawyer and negotiate your own contract.
- Keeps the government out of private legal agreements.
Arguments Against
- Could be used to block reasonable future reforms to attorney fee structures.
- Primarily benefits trial lawyers, who have a financial stake in high fee arrangements.
Fiscal Impact
No direct fiscal effect on state or local governments. This measure affects private legal contracts only.