[WSBAPT] when you don't get paid

Tue Sep 21 15:21:12 PDT 2021

Add to this excellent advice below, my wife who was my legal assistant
after we were married always reminded me that people are happiest to pay
when they need you to agree to represent them. Get it up front or don’t
take it. That has worked great for me for 30 plus years.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information.  If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the
original message from your electronic files.

COVID-19 UPDATE:

s Rodgers Kee Card & Strophy will no longer maintain “open” hours at the
physical office.

s All the staff is working remotely.  We are routinely monitoring our voice
mail and email, which is the best way to communicate during this period.

s We are still taking new clients but consultations will be telephonic or
via video conferencing, and any in-person meetings will be by appointment
and only if necessary to execute documents.

s Please provide necessary documents to us by scan and email, where
possible, or by mail if not.

s We anticipate these changes will be effective for the foreseeable
future.  We are doing everything we can to maintain the level of service
and professionalism we’ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
 We look forward to the soonest possible return to full operations and
continued service to our clients.

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Stephen Brandli
*Sent:* Tuesday, September 21, 2021 9:47 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] when you don't get paid

Practicing in a small, rural county, we are constantly making choices about
advance fee deposits and collections.  These choices are hard.  I too want
people to be able to afford representation, but of course I run a
business.  Over time, we have developed policies to make it easier for us
to make these choices.  However, our policies are still not tight enough,
and we still constantly make individualized choices.  In my career, I have
sued for nonpayment only twice: one particularly egregious case and in one
case where the client was going to get money paid out of the divorce and I
wanted the judgment to attach to the residence.

I can only offer the following:

   1. The fee agreement should provide for collection costs including
   attorney fees.  It should also provide for interest on unpaid invoices.
   Ours is 12% or the maximum provided by law, whichever is less.  I have
   never farmed out collection, but I want the option to do so.
   2. We expressly waive interest in two situations:  (1) Before the end of
   the case when we expect the client to get money at the end of the case to
   pay us; (2) After the end of the case when the former client enters into a
   payment plan with us, in which case the waiver is conditioned on
   successfully completing the parenting plan.
   3. If possible, find a staff member who is good at collections.  It
   requires a certain fortitude, a friendly demeanor, and persistence.  I am
   lucky that my wife fills that role and is good at it.  But she sometimes
   works very hard at collections.
   4. Don’t take cases in which you have a low expectation of being paid
   unless you are okay with that.  If you are okay with that, I suggest
   offering a low-bono rate and enforcing it (unless circumstances change that
   cause you to wish to help out even more).  We have a fairly strict policy
   on low-bono cases and don’t take cases that do not meet our criteria and
   for which we are unlikely to be paid.
   5. Sue only in the egregious cases, i.e. someone is truly stiffing you.
   6. When you’re doing your business budgeting, expect a certain amount of
   uncollectible debt.  In our case, this uncollectible debt comes in cases in
   which circumstances change such that the client cannot pay when we thought
   they could.  Just part of the cost of doing business and also the cost of
   meeting our ethical principles.

I hear a lot of advice to avoid suits due to potential bar complaints.  If
someone is unsatisfied with your work, you should resolve the issue or cut
the client loose quickly.  Those circumstances may suggest writing off
whatever is owed.  But I am not afraid to sue in egregious cases even if
that is going to attract a bar complaint.

                Steve

*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

509-455-5300
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210921/6c5af107/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 15390 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210921/6c5af107/image001.jpg>