What is a Florida Estate Contingency Lawyer?
Learn if a Florida estate contingency lawyer can assist you with an inheritance, will contest or probate. Lots of family members want help with Florida probates. Maybe they want to file a will contest or object to the will. Maybe there is already pending an INHERITANCE LAWSUIT. Perhaps it’s more simple. They want an inventory, accounting and someone to explain their Probate Rights to them in plain English. Regardless. But good & experienced probate litigators are hard to come by. And when you do find one that you click with, she or he can be expensive. Is there some way for a client to hire good legal counsel without shelling out thousands in billable hours? Some refer to a Florida Estate Contingency Fee as the keys to the courthouse door. Let’s examine what that is and its pro’s and con’s for probate matters. We have previously written about Probate Contingency Fees.
5 Tips to Finding an Estate Contingency Lawyer
Here are 5 tips on trying to find a great Florida Probate Litigator on an Estate Contingency Fee.
First, find someone with 20 years+ experience. Like doctors, good lawyers develop over time. The more years you practice, the more cases you try. Hopefully, they are getting a lot better along the way. And, after 20 years of an active probate litigation practice, hopefully they “have seen it all.” Or close to it.
Second, find a litigator, not just some probate lawyer. Litigators are more apt to take your case on an Estate Contingency Fee. Most probate lawyers don’t actually litigate, although they will tell you that they go to court all the time. But a true litigator with 20 years’ experience should have confidence, knowledge and success. You’ve got to know more the the Probate Rules. You need to know Evidence and the Florida Rules of Civil Procedure.
Third, specialize. Consider looking for a BOUTIQUE law firm. One that restricts its practice. To what, you say? Why, to trials and appeals involving wills, trusts, estates and related guardianships and property like homestead.
Fourth, interview as many as possible. You’ll learn more about hiring a Florida litigator each time you interview one. And you’ll get more exposure to different personalities, attitudes and styles. Try to find one that matches what you are looking for. There are some Probate Litigators who are AGGRESSIVE but yet professional. Others just want to settle every case.
Fifth, and finally, ask them if they take cases on an Estate Contingency Fee. Or some type of “get paid later” basis. A good, experienced and confident estate litigation attorney who knows her way around a courtroom can help immensely. And they are more apt to take your case on a contingency.
Explaining an Estate Contingency Fee
What exactly is an estate contingency fee?
Instead of paying a hefty retainer and monthly billings, the client agrees to pay the lawyer at the end.
Only if there is a recovery.
No recovery, no fee or compensation.
But watch out as the client is still responsible for costs.
Negatives? Downside? The percentage.
To compensate the lawyer for possible nonpayment, you give up a big percentage of any possible recovery. Typically 30-50%. It all depends on the case, how long it may take, how aggressive your opponent is, how good or bad your facts are, and what the law is. No one has a crystal ball. And no attorney should be making any guarantees. In the end, confident, accomplished trial lawyers are open to taking your case and getting paid later if you win. Just ask.