Legal Question in Real Estate Law in Florida

partition and legal fees

I followed your advise and contacted a lawyer in Florida concerning property there. I live in Michigan. My name is on the deed as well as 2 others. I want the parties to buy me out as I legally own one half interest undivided. The attorney and I agreed for him to receive 25 percent of the sale of the home from a partition action we'll have to start. When he sent me the contract to sign, an ''out of pocket expense'' was added on to be paid as it was accrued. What does that mean? If he is receivng 25 percent, why does that not include all expenses? I thought all legal fees were taken out of the total sale of the house, which would have the other owners affected as well. Should I tell him to charge an hourly amount so that would me taken care of after the sale?

Thank you


Asked on 7/25/05, 4:39 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: partition and legal fees

Costs of litigation are expenses advanced by the attorney on your behalf. Costs are not the equivalent of fees. If counsel is on an hourly rate ,costs are additional.

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Answered on 7/25/05, 5:38 pm
Blake Lipman Law Office of Blake P. Lipman

Re: partition and legal fees

A fee agreement with an attorney is just like any other contract. With some limitations imposed by the ethical canons of the profession, the agreement can be for any fee arrangement. Usually, a fee arrangement can take the form of whatever the parties agree. It is legtimate for the attorney to require that costs be advanced in a contingency agreement. You should check with the Florida bar for any restrictions on fee arrangements. For more info, please contact my office at (248)851-3171.

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Answered on 7/26/05, 9:11 am


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