Taxation & Estate Planning

Representation, Part 2: Contingent Fee

By Joel A. Schoenmeyer

I accept contingent fee cases in the probate context, in a couple of different situation:

1. Where a client wishes to contest the validity of a Will; or

2. Where a client has a potential claim against an estate.

In these cases, my fee -- instead of being charged hourly at $225 per hour -- is 30% of whatever I am able to collect from the estate for my client.

Is a contingent fee representation right for you? That's up to you to decide, just as it's up to me to decide whether such a representation makes sense for ME in any given case. The biggest "pitfall" to a contingent fee representation for the attorney is the risk that I perform hundreds of hours of work on your behalf, and receive nothing. The biggest pitfall for the client is that I settle the case quickly, and receive much more than I would have received if I had been paid hourly.

Full post as published by Death and Taxes Blog on March 20, 2009 (boomark / email).