Contingency Fee

What is a contingency fee?

Huth, Pratt & Milhauser will consider accepting a case on a contingency basis, given the right set of facts. A contingency fee is a fee that is paid contingent upon money being awarded. If no money is obtained by the lawyer in the case, then the client does not owe the lawyer a fee. If a monetary award is obtained, either through settlement or judgment, the lawyer gets a percentage of the total recovery. The amount of the contingent fee can be affected by a number of factors, including the type of case, the stage at which the case is resolved, and whether there are post trial proceedings, which may include an appeal or collections. When Huth, Pratt & Milhauser takes a case on a contingency basis, we will litigate that case on behalf of our client, with no upfront financial risk or obligation to our client. 

Why take a case on contingency fee?

Prosecuting a case can be expensive.  Some cases might involve multiple parties, multiple lawsuits, and multiple courts.  In addition, there could be significant out of pocket costs associated with the case such as expert witness fees, court reporter fees, and travel to jurisdictions outside Florida for taking evidence. Some clients do not want to take the financial risk of proceeding with case. Other clients simply do not have the funds necessary to prosecute their case.

What types of cases do we take on a contingency fee?

Cases that Huth, Pratt & Milhauser will consider accepting on a contingency bias typically include cases where our client has suffered a monetary loss. Contingency fee cases include situations where our client was wrongfully removed from a decedent’s estate planning documents, including wills and trusts. These situations typically include claiming that the estate planning documents are invalid on the grounds that they were procured through undue influence or were signed at a time when the testator lacked the requisite mental capacity to sign the documents. Contingency fee cases can also include situations where a beneficiary of a trust or estate has been wrongfully denied distributions that they were entitled to receive due to the mismanagement of a trustee or personal representative. The situations typically include allegations that a personal representative or trustee breached their fiduciary duty. Contingency fee cases can also include situations where documents, including checks or beneficiary designation forms, are forged and situations where someone has improperly used a power of attorney.

Please contact us for a free consultation to discuss handling your will, trust or estate case on a contingency basis