How to choose the right lemon law attorney

Why a lawyer helps in a California lemon law case

Manufacturers deal with lemon law claims every day, and they have legal teams to do it. Having your own attorney evens that out. Under California’s Song-Beverly Consumer Warranty Act, when your claim succeeds the manufacturer pays your attorney fees and costs (Cal. Civ. Code § 1794(d)), so hiring a lawyer does not have to come out of your pocket. At Premier Legal Center, if we recover nothing, you owe us nothing, fees or costs.

What to look for

• A focus on California lemon law. Lemon laws are state law. You want someone who works with the Song-Beverly Act and its Tanner Act provisions regularly, not someone who handles car cases now and then.
• Clear answers about fees. Ask how fees work and whether you will pay anything yourself. Get it in writing before you sign.
• Good communication. Find out who will handle your case day to day and how often you will hear from them.
• Honesty about your case. A good attorney will tell you if your situation does not fit the law. Be wary of anyone who promises a result or a dollar amount.
• A license in good standing. You can look up any California attorney on the State Bar of California website.

Questions to ask at your free consultation

1. How much of your practice is California lemon law?
2. Who will work on my case, and how will you keep me updated?
3. How are fees handled, and will I pay anything out of pocket?
4. What do you need from me, and what happens next?
5. Looking at my documents, what options are realistic for me: a buyback, a replacement or a cash settlement? What could work against me?

Red flags

• Promises about the outcome or how much you will get.
• Vague or changing answers about fees.
• Slow to respond before you have even signed.
• Pressure to sign on the spot.

What to bring

• Your purchase or lease contract.
• Every repair order, including visits where the dealer said it could not find the problem.
• Your warranty booklet, if you have it.
• Emails, letters, texts and notes from calls with the dealer or manufacturer.
• Photos or video of the problem.

What happens after you hire an attorney

Your attorney reviews your documents, puts the claim to the manufacturer and negotiates. If the manufacturer will not resolve it, the next step can be arbitration or a lawsuit. Throughout, you should know where things stand and what your options are.