Legal Question in Civil Litigation in Florida
settlement percentage
What are the standard amounts paid to an attorney when hired on contingency in a civil lawsuit over an estate without a will.What is the percentage when a trial is necessary compared to when a settlement is reached without having to go to trial?
2 Answers from Attorneys
Re: settlement percentage
It is subject to negotiation. I have seen 25% to 40% plus court costs, depending upon the amount involved and the time required. Good luck.
Re: settlement percentage
section 733.6171 allows a reasonable fee. For ordinary services, it provides a schedule that is presumed reasonable for estates of different values:
$1500 for under $40,000 PLUS
$750 for between 40K and 70K
$750 for between 70K and 100K
3% of the value for up to 1 Million
2.5% for between 1 to 3 Million
2% for between 3 to 5 Million
1.5% for between 5 and 10 Million
In addition, further fees are awardable for extraordinary services. A will contest or some type of adversarial proceeding that involves a trial would almost certainly qualify for an additional award of fees.
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