[WSBAPT] when you don't get paid

[Heather de Vrieze]

I am flexible on this, but virtually always require an advance fee deposit of up to $1500 that will at a minimum cover all costs, and most of my fees to get the probate open and initial required notices handled. From there, if a client isn’t paying, I am inclined to stop work, or make a payment arrangement long before the fees mount to an amount I am not willing to write off. My fee agreement contemplates replenishment of the advance fee deposit.

Occasionally I will allow clients to make that fee deposit once probate assets are freed up (i.e. letters issued). If there is no cash in the estate, that is all the more reason to get money up front. If they don’t care enough to come up with cash for the probate, why should I.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D7AECD.23DBE020]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

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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 9:17 AM
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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