Contingency Fee Agreements in CA Estate, Trust & Probate Litigation

Contingency Fee Agreements in CA Estate, Trust & Probate Litigation


People with probate, estate and trust
feuds often ask us to discuss how a contingency fee arrangement might work
in their cases. I first know that California has both statutory and
ethical rules that govern attorney-client fee arrangements. All of our
attorney-client fee arrangements must conform to these statutory and ethical
requirements. The nature of a contingency fee is that the client pays fees to a
lawyer only if the lawyer handles the case successfully. This arrangement only
works where money or valuable assets are being claimed. In an estate-related
contingency fee arrangement, the attorney agrees to accept a fixed percentage –
often forty percent of the total recovery. If the case is won or resolved, the
lawyer’s fee comes out of the recovery. If the case is lost, neither the client
nor the lawyer get any moneyn and the client will not be required to pay the
lawyer for the work that was done on the case. Costs are an important part of the
attorney-client arrangement. Many times clients will advance costs like filing
fees, deposition fees and expert’s fees. This is a matter of contract between the
attorney and the client. Clients are often overwhelmed with the obstacles of
retaining an attorney to recover an inheritance or trust beneficiary assets.
Contingency fees may be an efficient and effective step to overcoming these
obstacles and allow for the civil prosecution of a trust and will contest.
Experienced trust, probate and estate lawyers at Hackard Law are happy to
discuss these potential arrangements with clients. The simple truth is that
winning many disputed estate litigation cases requires forward-thinking
innovation and creativity contingency. Fee arrangements may be a part of
coordinated approach to resolution. If you’re facing
a major probate conflict, disputed heir contest or recovery for trust
beneficiary abuse, don’t hesitate to call us to talk about your case. You can reach
us at 916-313-3030. Thank you.

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