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Lawyer

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Carolyne Davis

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Lawyer

by Carolyne Davis » Thu Oct 22, 2009 2:18 pm

Does anyone know of (or is anyone online) an attorney who might be interested in helping me with an inheiritance issue? The catch? I don't have any money to spend on this, but there could be the potential to recover enough that a percentage of the recovered amount would be worth the trouble. Did any of that make sense? If you are interested in the case, please pm me. If you know of someone that might be good, I would appreciate the referral. Thanks!
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Carolyne Davis

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Re: Lawyer

by Carolyne Davis » Fri Oct 23, 2009 6:23 am

Thanks! I;ll give it a try...as I have always said "If you don't ask, the answer is no!" LOL
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John Greenup

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Re: Lawyer

by John Greenup » Wed Oct 28, 2009 8:21 am

Carolyne Davis wrote:Thanks! I;ll give it a try...as I have always said "If you don't ask, the answer is no!" LOL


Carolyne...just a word of caution: be careful about promising an attorney a percentage of the recovered estate as compensation...from the attorney's standpoint, that might be skating on thin ice, ethically speaking...I know Stan Whetzel, and am sure he would do a good job for you, but make sure that whomever you work with, there is a written fee agreement in advance -- and be be careful how the compensation arrangement is worded.... jg
"I want to go where the hand of man has never set foot."

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Carolyne Davis

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Re: Lawyer

by Carolyne Davis » Thu Oct 29, 2009 11:24 am

John,
Good point. I guess I was thinking (for example) 20% of amount recovered would be a flat fee. However, if there were residual benefits (stocks maybe) that pay off more than once, they would also get 20% from that too??? I just don't have money up front to persue this and have no idea how much is at stake. I would hate to pay a flat fee and end up retrieving less than the fee! LOL
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Re: Lawyer

by John Greenup » Thu Oct 29, 2009 4:33 pm

Carolyne Davis wrote:John,
Good point. I guess I was thinking (for example) 20% of amount recovered would be a flat fee. However, if there were residual benefits (stocks maybe) that pay off more than once, they would also get 20% from that too??? I just don't have money up front to persue this and have no idea how much is at stake. I would hate to pay a flat fee and end up retrieving less than the fee! LOL


I understand... but "20% of the amount recovered" would not constitute a flat fee - this would be considered a contingency fee (i.e., 20% of $1,000? $10,000? $250,000? -- the fee would vary w/the amount recovered). A flat fee is just that -- an stated amount agreed upon in advance (e.g., $1,000) regardless of the amount of work done.

Since money is an issue, you could draft a fee agreement which states that the agreed-upon fee is due upon completion of the atty's work -- or if they initially recover a portion of the estate, you'll pay $X, with the balance due upon full recovery.

But if you want to tie their compensation to a percentage of the recovered estate, it's probably best to word it as, "attorney will receive an amount equal to X% of value of the estate recovered" -- or words to that effect. There are many different ways to do it -- just be sure you have a pretty good idea up front what their services could cost you.

If an attorney is not sure how much time and effort will be involved (which can often be the case with estate work), they may charge an hourly fee, which you in turn could agree to pay from the proceeds of the recovered estate -- but whatever the fee agreement, GET IT IN WRITING, and both of you sign it. Good luck.... jg
"I want to go where the hand of man has never set foot."

-- Samuel Goldwyn
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Carolyne Davis

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Re: Lawyer

by Carolyne Davis » Mon Nov 02, 2009 10:18 pm

Thanks! Lots of great advice. I talked to Stan and he is going to take a look before even discussing fees. It may turn out not to be worth the effort, then again, it might be a good thing! We'll see!

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