Not every California consumer firm has Song-Beverly Act expertise. Five questions separate the firms that consistently produce strong recoveries from those that don’t: (1) is lemon law your primary practice; (2) have you tried Song-Beverly cases, not just settled them; (3) will you put fee structure in writing confirming § 1794(d) shifting; (4) who specifically will handle my case; and (5) what is your remedy philosophy — buyback, replacement, or cash-and-keep. Choosing the right California lemon law attorney can change the outcome of your claim by tens of thousands of dollars.
Question 1: Is Lemon Law Your Primary Practice?
Firms that handle lemon law exclusively or predominantly know the manufacturer defense playbooks, the repair-order language battles, and the pattern-defect literature for each OEM. General consumer firms that take lemon law as a sideline often miss leverage points an experienced practitioner would exploit.
Ask: “What percentage of your active caseload is Song-Beverly?” A meaningful answer is “60%+” or “lemon law exclusively.”
Question 2: Have You Tried Cases, Not Just Settled Them?
Trial readiness is what produces strong settlements. Manufacturers settle when defense exposure is high, and exposure is high when the consumer’s attorney has demonstrated willingness and ability to try cases. A firm that has never tried a Song-Beverly case is taking what the manufacturer offers.
Ask: “When did your firm last try a Song-Beverly case to verdict?”
Question 3: Will You Put Fee Structure in Writing?
A clean engagement letter confirms:
- The manufacturer pays attorney’s fees under § 1794(d)
- No retainer, no hourly billing to the client
- No fee unless the firm wins
- The client’s recovery is not reduced by attorney’s fees
Any firm that hesitates on these terms is not aligned with you. See no fee unless you win.
Question 4: Who Specifically Will Handle My Case?
Large-volume lemon law mills move clients through associates and paralegals while the named partner handles only intake. Ask:
- Who is the attorney of record on my case?
- How many years of Song-Beverly experience does that attorney have?
- Will I have direct contact with that attorney, or only with intake staff?
Question 5: What Is Your Remedy Philosophy?
Some firms gravitate toward fast cash-and-keep settlements because they close quickly. Others fight for buyback or replacement because those produce larger total recoveries. Make sure your attorney will pursue the remedy you want — buyback, replacement, or cash-and-keep — not the one easiest to close.
Red Flags
- Refuses to provide written engagement letter
- Charges a retainer or hourly fee to the client
- Pushes for cash-and-keep without explaining buyback alternative
- Cannot name the specific attorney handling your case
- Has no trial history
- Promises specific dollar outcomes during the consultation
Free Consultation with a Lemon Law Attorney
McMillan Law Group answers all five questions transparently. Free case review, no obligation.