[WSBAPT] when you don't get paid

Wed Sep 22 08:26:17 PDT 2021

There is an option to place an attorney lien and file in the probate cause so that when the probate closes or is ready to be distributed, it cannot be closed w/o addressing the attorney lien.  I have only done this 2X in 18 years.  One time, I got paid.  The other one is pending.  In both cases, I did withdraw as well so I don’t think this would work if you are still an attorney in the probate matter.  You cannot record the lien against real property as this is a big NO NO.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Tuesday, September 21, 2021 7:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] when you don't get paid

One of my partners, who deals with the malpractice insurance carrier, has told me that our malpractice premiums will go up significantly if we ever sue a client for unpaid fees.

As a result, suing for fees has never appeared to be an option at my office. It has seemed like throwing good money/time after bad, and then also paying for it for years to come by higher premiums.

But it sounds like some of you have sued clients for unpaid fees- did this carry no impact to your malpractice premiums?

Sarah

Sent by dictation from my iPhone. Please excuse typos and missing punctuation!

On Sep 21, 2021, at 4:49 PM, Setareh Mahmoodi <mahmoodi.setareh at gmail.com<mailto:mahmoodi.setareh at gmail.com>> wrote:

Oh Diane! You have to get a retainer or an advance fee deposit. Working for free (unless it's by choice, which I do plenty of Pro bono by choice and recommend it to all attys) is not fun! In my experience it can really affect your relationship with the client and the case and that's not serving anyone. Please call me and I am happy to share our process if you'd like.

Setareh

On Tue, Sep 21, 2021 at 9:20 AM Diane J. Kiepe <DJKiepe at depdslaw.com<mailto:DJKiepe at depdslaw.com>> wrote:
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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Best regards,

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