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