Legal Question in Wills and Trusts in Florida

Retainer fees

My father passed away 11/02. We got a Att., in Jan. to handle the estate. We paid $3,028.00, up front, of witch 2,500.00, was the retainer for professional services. We were advised it would take 5-6 months to close the estate.Now that the estate is close to being closed, our Att. gave us another bill for an aditonal $3,200.00.to finish the estate. Q. Is this common practice? I was under the impression that the first 2,500.00 would cover the whole prosses from start to finish. If someone says they will paint my house for a 1,000.00 and tell me it will take a week, I dont expect them to take 3 weeks to do the job, and then,on the last day tell me it will be an aditonal 1,000.00. Should I fire him as our att?


Asked on 10/16/03, 3:37 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Retainer fees

I would have to read the retainer agreement to see what was included.

Read more
Answered on 10/16/03, 3:53 pm
Marie-Anne Oatley

Re: Retainer fees

I understand your concern about this. Of course, everything hinges on the terms of the retainer agreement you probably have with your attorney. However, it is quite common to charge a portion of the approximate fee up front, rather than all or most of it, as a curtesy to the client. On the other hand, not charging anything until the end of administration would create a hardship on the firms who have expenses and overheads.

The exact fee cannot be known right away because it usually depends on the final value of the estate or on the hours put in by the attorney and staff.

As for the time administration took to close, that also is not unusual. A number of unexpected factors can change the time table.

As long as the attorney can justify how much he or she is charging you and it does not conflict with whatever written agreement you have, if any, then nothing in what you have presented seems unusual or excessive.

Read more
Answered on 10/16/03, 5:41 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida