Can a lawyer take his entire fee from an estate property sale before the estate closes?

The lawyer took his entire 3% fee from the sale of the first property. He and I assumed there would be no further additions or reductions to the estate, but now the second property will not sell for as much as I had originally thought, which reduces the value of probatable assets and thus the lawyers' fee. There is still another property to sell and the estate won't fully close for a few months. Is this common practice or did he jump the gun assuming there would be no further additions/reductions to the estate? Will I have to fight to get back the money he already has since it represents the entire estate which is now devalued?

Answer by divot II
It is possible that it is a fiduciary breach. My guess is that the attorney's percentage should be of the actual, not estimated value. Ask the attorney for an accounting of his fee and contact your state bar with this question.

Answer by Peter
Sounds like you need an attorney

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Can no-win, no-fee lawyers help with personal injury claims from road accidents if the driver was under the influence?

Article by Richard Einerhann

If a driver was under the influence when they caused a car accident, their insurance will more than likely be completely void, leaving them without any coverage for either themselves or any other persons involved in the accident. This can have serious consequences for the innocent injured party in the other car - they are unable to simply claim on the other party's insurance as normal. Instead, they will have to look into suing the driver personally through the civil court system, or else resort to making a claim to the Motor Insurers' Bureau. If you are in this situation, you should get legal advice from a personal injury lawyer.

A personal injury lawyer will usually undertake a risk assessment of your claim, which basically involves looking into the case to see whether you have a strong case and what the weaknesses and risks are. One of the most common weaknesses in a claim of this type is the fact that the driver at fault may not have enough money or assets to fund any order for compensation made against them, which would mean you might win your case but not be able to enforce the order to get your money. This can result in wasted time, effort and legal expenses, so your personal injury lawyer would no doubt advise you not to make the claim.

The alternative in such a situation is to see if your claim fits within the Motor Insurers' Bureau scheme for uninsured drivers. Again, you should get legal advice from a personal injury solicitor before taking this avenue.

If you don't have any money to pay for legal advice upfront, you may be able to get a no win no fee lawyer to take on your case. You may have to pay a risk-assessment fee upfront, and some costs and disbursements, but you will not have to pay your solicitor's legal fees unless and until you win your claim. If successful, you can pay your solicitor out of your compensation payment, or get a costs order forcing the losing party to pay your solicitor's costs. Speak to a no win no fee lawyer about whether your claim is suitable for a no-win, no-fee agreement.

About the Author

Richard Einerhann works for Contact Accident Claims, the UK's foremost legal brokerage company - finding the right personal injury lawyers or no win no fee lawyers for your needs.

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