For cases that have a potentially promising outcome but are at risk of not having a recovery at all, a probate lawyer may collect on a contingent basis based on the value of the recovery of the estate. A case of succession that can probably be paid with a contingency fee is one that has clear and convincing evidence of a path to victory. Some probate lawyers will handle a will challenge or trust dispute on a contingent basis. Huth, Pratt%26 Milhauser will consider accepting a case on a contingent basis, given the correct set of facts.
A contingency charge is a charge that is paid based on the award of money. If the lawyer does not get money in the case, the client does not owe the attorney's fees. If monetary compensation is obtained, either by settlement or judgment, the lawyer receives a percentage of the total recovery. The amount of the contingent fee may be affected by a number of factors, including the type of case, the stage at which the case is resolved, and whether there are any post-trial proceedings, which may include an appeal or collections.
When Huth, Pratt%26 Milhauser takes a case on a contingent basis, we will litigate that case on behalf of our client, without financial risk or obligation to our client. For a contingency settlement, the standard fee is 33 percent of the recovery if the case reaches a settlement, and 40 percent if the case goes to trial. The percentages will vary depending on the size and difficulty of the case. They may also vary depending on whether the lawyer anticipates money for subpoenas, statement transcripts, expert witness fees, and other costs.
The Law Office of Triay often advances costs when held on a contingency basis. When the wicked daughter finally comes to file mom's last will for the estate and her brothers realize what has happened, they decide to seek representation from a lawyer. Predicting how evidence will be gathered during probate litigation is usually a serious challenge, so contingency fees for a probate case are infrequent. There are some situations where a person can use the disputed estate assets to pay a probate attorney's fees.