[WSBAPT] Alternatives for PR

[Sam Furgason]

“ I wish I had a "probate potential client robot," in which I could insert
data, press a button, & get a Yes or a No as to whether or not this person
was going to become a problem down the road. “

I found that requiring a substantial fee advance up front causes many to
self-select out. At least those who pay it seem to be more desirable. It
seemed that most often it was the ones who were broke and desperate who
kept taking up more (unpaid) time for far too far into the future. I
learned a lesson about fee advances when I tried to refer a probate
litigation matter to an experienced litigator. He required a $50,000 fee
advance before he would even put in an appearance. I think he ended up
billing about $200,000 on that matter. If I didn’t have an established
relationship with a PC, I’d require the entire anticipated fee for a
“smooth” representation up front in probate matters, with a requirement
that the fund in trust never go below a set amount until conclusion of the
matter. I never regretted the ones who walked away. 

S  

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Thursday, August 14, 2014 12:47 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Alternatives for PR

 

One of my worst probate experiences:  I served as the PR for the intestate
estate of the father of two adult daughters, in the middle of which, one
of the daughters filed a bar complaint against me, the bottom line of
which was that she expected to receive all of the estate because her
father had told her she would, which I told her was not going to happen.
After her complaint was dismissed, the other daughter filed a bar
complaint against me, the bottom line of which was that I was favoring her
sister.  That complaint, too, was dismissed.  Needless to say, however, I
spent significant time preparing a Response to each of the two complaints,
& when my time serving as PR was added to my time responding to the two
bar complaints, none of the latter of which I could bill, I found myself
working for peanuts & with a whole lot of aggravation on the side.  That
turned out for me to be a very expensive probate.  Live & learn & watch
out what clients you accept.  What I have learned in spades, over & over,
is that probate can bring out the worst in people, & even those who at the
beginning seem so innocuous.  I wish I had a "probate potential client
robot," in which I could insert data, press a button, & get a Yes or a No
as to whether or not this person was going to become a problem down the
road.  I'm getting better at it & at saying, "Thank you, but no thank
you," but I'm sure not perfect at it, as my experience above shows.


 

On 8/14/2014 11:40 AM, Sam Furgason wrote:

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