Can a Guardian Enter into a Contingency Agreement in West Palm Beach?

Can someone serving as a West Palm Beach guardian elect to hire a  lawyer on contingency? You may be concerned that there are ethical issues with hiring a contingency paid lawyer for your ward while you are serving as the guardian. This is not to say that there are not considerations to be made, but the practice is certainly allowed. In fact many would condone this act if it gets the helpless ward paid in the end. Check out this recent appeal from the Second District Court of Appeal to learn more. 

Contingency Arrangements

• What is a contingency arrangement?
• This is one of the three major ways you can arrange payment for a West Palm Beach probate attorney.
• The concept is simple, you pay contingent on results.
• The attorney agrees to take a percentage of what they can win you so if they win nothing, you pay them just that – nothing.
• Why is this an extra concern when it comes to making contingency arrangements with guardianship?

Guardianship

• Guardianship is a system set up by the Florida legislature and monitored by the probate courts whereby a guardian ad litem looks over a ward who is either a minor or incompetent.
• There may be concerns for guardians who see potential lawsuits for the wards.
• Is a contingency agreement proper?
• Does the guardian have the authority to enter into such an arrangement without the Court approving it?
• These are valid concerns, and to be sure it is always best to talk to an experienced Palm Beach probate attorney before moving forward.
• That being said, contingency agreements do a good thing for society in that theyempower. 
• How so?
• Contingency cases make it so people who could not afford an attorney still get the results they deserve in Palm Beach probate court.
• Check out this recent dispute arising out of a contingency agreement for a guardianship.

Hensley Chalfant v. Flannigan

• This was a lawsuit that resulted from a dispute over a contingency fee.
• The law firm had provided services based on a contingency agreement and a dispute arose over what amount the lawyers were owed.
• This points to an important feature about contingency agreements that non-lawyers in Palm Beach may not be aware of.
• A contingency agreement should be in writing otherwise a Court may not enforce it.
• The agreement should be specific over what amount the contingency is based on and how it is calculated. 
• Failure to do so may be asking for a lawsuit down the road about who is owed what.
• Always make sure that your contingency agreement is in writing!

Want to learn more?

Check out the entire case by clicking here.

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