Legal Question in Civil Litigation in Kentucky

What is the average cost to represent an heir in a case where proof exists that the Executor/Executrix of an estate has not carried out the wishes of the deceased's Last Will and Testament and instead has self-served for self-gain? The estate is worth approximately $250,000 - $300,000.

Is it a normal request for an attorney to require $3,000 to $4,000 to be paid up front and then require the same amount to be paid to them in advance and kept in their escrow account at all times; then at the end of the representation, refund to the client the remainder, if any exists?


Asked on 4/16/12, 11:38 pm

2 Answer from Attorneys

Andrea Welker Welker Law Office

That's exactly what happens. The cost is going to depend on the complexity of the case (what has to be done, and how much time it will take), as well as the hourly rate of the attorney. Some attorneys require higher retainers than others, mostly because they don't want to, in the middle of your representation, nag you to pay your bills. Getting cash up front means we can concentrate on representing you, and not have it clouded by thoughts of "That horrible so-and-so hasn't paid his bill in three months..." Or worse, having to sue your own client for recovery of fees. Having the retainer in trust means we can focus solely on your case, and so can you. And as an FYI, we can't keep the interest on that money. It goes into a special account called an IOLTA (Interest On Lawyer Trust Accounts). The interest on those accounts goes to fund nonprofit legal organizations and for legal education in Kentucky.

The retainer itself is less important in determining overall cost; the hourly rate and how the attorney bills is more important. Does he/she bill a minimum of .1 or .25? Does the firm bill for paralegals' time? Client phone calls/emails? Also, discuss what *you* can do to reduce your costs. Are there records you can get instead of your attorney? If there's a giant box of financial records you're bringing to your attorney, can you sort through them and organize them, so it takes a couple hours of work to review, instead of a couple days?

Also, make certain you review each month's bill and bring any errors to your attorney's attention right away. Understanding your bill and the time that goes into your case will make you feel more comfortable with your attorney and appreciate the value of his/her representation. If you want further explanation of charges or feel a charge is erroneous, when you get the bill is the time to address it, not at the end of your case. Your attorney should generate regular billing statements for your review.

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Answered on 4/17/12, 4:55 am


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