A contingency fee may be your key to the probate court. (But, how do you find the right lawyer?) If the idea of large legal fees just to protect your inheritance is daunting, you are not alone. Many beneficiaries, heirs and family members seek out a probate contingency lawyer for will contests and trust lawsuits. Even just plain old probates —to look out for them, and protect their inheritance, in a Florida estate case. Admittedly, good ones are hard to find. And big firms won’t do contingent fees. You need to find a boutique expert who limits their practice to this area of the law. Here’s what you need to know now. (to read more about contingency fees, click THIS LINK )
Everyone’s Doing It
“I get dozens of calls each quarter” says Probate Litigation Lawyer John Pankauski. “A lot of people are looking for a probate contingency lawyer. And they are the ones asking for a contingency fee.”
But Pankauski admittedly doesn’t take over 90% of those calls who seek out his firm. He would rather be paid each month for his time, at his hourly rate — rather than take a case on a contingency. But he has that luxury.
His firm has a robust practice handling litigations and appeals for wills, trusts, probates and estates, throughout Florida. His band of trial lawyers have found success in trials and even appeals. “I am very selective on what cases I’ll take on a contingency” he says.
If you can find a truly experienced trial attorney to take your case on a contingency fee, that’s a good sign. After all, if there is no recovery, there are no attorneys fees to pay to your lawyer. But how do you know if you are getting a good one?
How to Select a Good Probate Contingency Lawyer
Here are some tips when you interview a probate contingency lawyer:
- Ask what attorneys will handle your case. Some contingency lawyers have non-lawyers involved. In the personal injury world, a former insurance adjuster or nurse (who now work for the law firm) may handle your case. If you want a lawyer, make sure you are getting one. After all, if there is a recovery, aren’t you paying for one?
- Will the lawyer have your back or just want to settle your case? Hey, settlements can be good. But, let’s face it. Some Florida probate lawyers can’t try cases. And they don’t know their way around a courtroom . Or how to handle an appeal. And they are not aggressive. They just want to settle your case. They may tell you that they go to court, but they can’t try a case. Consider hiring a law firm that actually handles trials and appeals focused on YOUR issues.
- Get some grey hair. Many young attorneys may need business. Some may not have any clients or work. They may be more willing to take a contingency case than established, successful probate trial lawyers. Look for someone with 20 years of practice who has been around the block, and the bank.
- Expect to Pay More. You get what you pay for, and that certainly includes trial lawyers. While most personal injury lawyers will charge 30% if they settle your case before filing a lawsuit, that will go up to around 40%. There are not a lot of really good lawyers who limit their practice to probate litigation willing to take cases on a contingency fee. Most big firms won’t even consider a contingency fee. So, seek our an experienced boutique law firm. And expect to pay more for experts.