Unlike many other law firms, our Oakland probate litigation attorneys at the Triay Law Office offer retainer agreements on either a contingency or an hourly basis, depending on the case and the client’s desires.
Additionally, you can take advantage of a half-hour case evaluation with our attorneys for a $200 fee. We will listen to your concerns and explain your legal options with no obligation to retain our services.
Triay Law Office Accepts Fees on a Contingency or Hourly Fees
For an hourly fee arrangement, the client will pay the law firm monthly based on the amount of time spent on a case by the attorney, plus out-of-pocket costs. The attorney’s hourly rate is $500/hour, and you pay the attorney no matter the outcome of the case. If the client loses the case, the attorney fees are not refundable.
For a contingency arrangement, the standard fees are 33 percent of recovery if the case settles, and 40 percent if the case proceeds to trial. The percentages will vary depending on the size and difficulty of the case. They can also vary based on whether the attorney advances money for subpoenas, deposition transcripts, expert witness fees and other costs. The Triay Law Office often advances costs when retained on a contingency basis.
There are some situations where a person can use disputed estate assets to pay probate litigation attorney fees. In some instances, you do not have to reimburse the estate if the case is lost. However, those situations are rare. Under California law, it is rarely possible to collect attorney fees from the other side.
Most clients cannot afford to finance a case on an hourly fee basis. Additionally, others choose a contingency arrangement to avoid spending money on what may turn out to be a losing case. For those reasons, the Triay Law Office handles about 75 percent of its cases on a contingency fee basis.
Contingency fees have advantages and disadvantages for the client. The advantages are that the client does not have to pay any money out of pocket over the course of the litigation and risk an unfavorable outcome after spending a large sum. The disadvantage is that if there is a large settlement or a win at trial, the attorney fees will often be much larger than an hourly fee would have been. All fee agreements must be in writing, regardless of which is best for you.
Knowledgeable and Caring
“He sounds very caring and knowledgeable and creditable. And called me back right away.”
“When an evil stepsister tried to steal my father's estate last year, Triay Law Office in Oakland, CA, and Paul Epstein in particular, stepped in with impressive expertise to recover my Dad's property.”
Forthright and Patient
“Charles Triay was different from our very first contact. He was forthright, patient, a good listener and gave generously of his time to help us determine appropriate action.”