4 Things You Should Know About Florida Probate Lawsuit Contingency Fees

Are you looking for a probate litigation law firm in Florida to take your case on CONTINGENCY FEE ?  What does it mean for a Florida lawyer to take your estate litigation case on a contingency fee?  How can Ifind a Florida probate litigation law firm that will take an estate lawsuit on a contingency fee?  Here are 4 things to consider about Florida probate lawsuits and hiring a probate litigation law firm on a contingency fee for your estate lawsuit.

1. Understand what a contingency fee for your probate lawsuit means.  If you win, or if your estate lawyers get a recovery for you, you pay them a fixed percentage, typically, of the recovery.   So, you are giving up some “upside” of your potential recovery to your probate litigation law firm.  So, if you are suing your sister over undue influence and a last minute, pre death, change to dad’s revocable trust while he was under Hospice care in Boca Raton, does a contingency fee for your trust litigator make sense?  That’s a personal, mathematical and financial question only YOU can answer.  But get some guidance from a good Palm Beach estate litigation law firm that has taken some cases on a contingency fee before.  After all, you are giving up a big chunk of your potential probate lawsuit damage recovery and you should understand what that means and how much you may have to pay.
2. Contingency fees for probate lawsuits in Florida are not a guarantee of success.  There is a real chance of losing.  Ask any West Palm Beach probate litigator who actuallygoes to court and tries probate cases and has estate trials: not just hearings and easy cases.  Don’t think or believe that just because some probate lawyer in Boca Raton or Boynton Beach agreed to take your estate lawsuit on a contingency that you have a good case.  That probate lawyer Florida may not have a lot of cases and has lots of free time, or they may be a lawyer who is afraid to try cases in probate court and just plans on settling your estate case.  If that’s what you want, or what you can afford, or that’s all that you can find, well, perhaps that’s ok with you. But the fact that a Florida probate litigation law firm will take your estate lawsuit on a contingency fee is not, alone, an indicator of how good a probate lawsuit case you have in Delray Beach or any other Florida probate court.
3. Most probate law firms don’t take contingency fees in Palm Beach.  Most probate lawyers in Palm Beach county don’t take estate lawsuits on a contingency fee. Why? Because why should a good probate lawyer, who has a good estate and trust law practice in Boca Raton or Palm Beach Gardens, risk not getting paid?  Why?  And that’s the truth: if you lose your estate lawsuit Lake Worth and you get no recovery, then your probate litigators get no fee.  THAT’s a contingency fee probate fee Florida.  Why should a probate lawyer, who can spend time working on Palm Beach probates and Jupiter Island trusts, and get paid $400-$600 an hour, risk taking your estate lawsuiton a contingency fee, and not get paid?   Is an estate litigator willing to take the risk of YOUR case and make it THEIR risk?   Many probate lawyers don’t want to take your risk and and make it THEIR RISK.  Most Palm Beach estate & trust lawyers won’t take your trust lawsuit unless you pay them a big retainer and you ALSO pay their monthly invoices on time, each and every month.  Wow !  That’s a lot of out of pocket money: are you ready to spend your money?  So, you have to ask yourself: does a probate contingency fee for my Palm Beach Lawsuit make sense to me and my lawyer?
4. How to find an estate litigation law firm in Florida that will take your estate or trust case on a contingency fee basis?  So, here are a few pointers or considerations which may or may not assist you in finding a litigation law firm to handle your probate or estate case or lawsuit on a Florida contingency fee basis.  One, consider those estate law firms with the financial ability to not get paid until you get paid.  How financially strong is your probate litigation law firm? Do they have the financial strength andflexibility to wait to get paid until the end of your lawsuit?  Or do they need to get paid each and every month?  Some probate firms may prohibit estate lawyers from taking cases on a contingency fee.  Some may not take probate contingency fee cases because it’s not part of their business model.  Consider looking for a probate law firm that is not afraid of a contingency fee, and who can make it part of their probate practice model or their business or firm model.  Two, consider those probate litigators Palm Beach, or throughout Florida ,who have the confidence to go into court and try a will contest case in any probate court in Florida.  Probate litigation throughout Florida is a growth field and is not limited to Miami Dade, Broward County and Palm Beach County. Many probate lawsuits and estate cases are filed in Tampa, Hillsborough County, Orlando, Orange County, Naples, Cocoa Beach, and Collier County.  Three, find atough litigator who likes a good legal “fight” and is confident with the estate and trust law and with trying a case in front of a probate court judge.  The truth is that many really good probate litigators in Florida like what they do.  And they like a good legal “fight”even when the facts may not be perfect, or the best, and when the law is open to interpretation: in other words when the Florida probate, estate or trust law is not clearly on your side.  Find a tough fighter who likes a good tough probate litigation case because she or he enjoys what they do and this area of the law. And is confident in their probate litigation trial skills in Florida.  Good luck.