Legal Question in Wills and Trusts in California

I need Limited Scope Representation aka A La Carte or Unbundled Legal Services: Ideal for the "in pro per" self-represented party. Pay-as-you-go, no retainer required, quality legal services allows client to choose only those services they have need of. Affordable, low-cost attorney services conducted over phone/internet, resulting in decreased expenses, with the savings passed on to the client.

I am stuck in the middle of a Los Angeles trust litigation case. The attorney I had became ill. I understand the trustee has the obligation to do all the legal work, but does not do so. What can be done to change the situation ?


Asked on 9/28/14, 8:03 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

The typical case to compel a trustee to do what he or she is supposed to do is to file a petition with the probate court for an appropriate order. This is not a form you can file with the court; you must draft the petition, observe all the procedural rules, and (if the trustee disputes the claim), essentially have a trial on the issue.

The probate attorney is usually quite the stickler in making sure all formalities are complied with; in a trust matter that I just settled, opposing counsel had to modify his petition several times over the course of 4-5 months before the court would allow him to proceed to the merits. My client and I simply waited, collected our evidence, and started our discovery plan while the other side tried to comply.

I respectfully disagree with your description of the payment terms of limited scope representation.. I know of virtually no attorney who will do any significant amount of limited representation work without at least partial payment up front from a new client. In disputed litigation matters, my experience is that clients (a) overestimate their chances of success; (b) underestimate the time it will take them to accomplish a particular task. It does, however, work in some situations quite well.

I hope you find this helpful.

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Answered on 9/29/14, 3:48 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Perry and would like to point out several items.

1. This is not the "find an attorney" portion of the website. This portion is for people to anonymously ask important legal questions and get a variety of answers, opinions, and pointers from attorneys who specialize in a particular area.

2. Attorneys are required by law to have written fee agreements with a client when it appears that the costs and fees to the client will exceed $1,000.00. Attorneys call those "retainer" agreements. It appears that you do not want to pay an advance fee, but when you state that you do not want a retainer with an attorney, you are making it sound as though you are asking the attorney to do everything without a written agreement. This isn't helping you much.

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Answered on 9/29/14, 6:54 am


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