[WSBAPT] when you don't get paid

Tue Sep 21 09:33:58 PDT 2021

Hi Diane,

The primary reason I am no longer a solo attorney and never plan to be again is because of losing many thousands as a result of non-paying clients (and I only did it for 5 years)!

Take a retainer, even for small projects, and make it an evergreen retainer (to be replenished before further work is done).  This is the best advice I ever received, but I didn’t listen to it.  If the person can’t afford the retainer, you don’t want the work anyway.

Feel free to let me know if you would like to discuss off-list.  You are welcome to the benefit of what I learned!

Best,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, September 21, 2021 12:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] when you don't get paid

Hello all,

I have been struggling with the issue of not getting paid and just writing things off.  I am often willing to advance my time and I know, I know, I have no one to blame but myself.  I currently have about 4 people who owe relatively small amounts but one case that I think will owe me close to 10K when all is said and done.  I am not sure I can continue to represent the party and cannot afford to write this amount off.  It was in the context of a probate but my engagement letter clearly states the PR is responsible for the fees.  The PR is expected to inherit dirt worth substantially more than the amount owed to me but not through the probate but from the same decedent.

I’m just curious if any of you have any thoughts to share for me.  In my 17 years I have had very few no-pays but as my practice grows this problem seems to grow.  I hate to insist on a retainer because I completely understand that some families are relying on the probate/trust assets to pay.  I am really just struggling and appreciate any thoughts or directions.

Sincerely, Eeyore, I mean Diane. 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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