If you’re looking for professional help at this point, it means someone in your world has passed away, and you need someone to manage a legal process and guide you through a potentially difficult series of events. This can be an incredibly stressful time. I know why people pick me, but as you are here doing research, let me put myself in your situation.
Here are my thoughts, and the questions I would ask at an initial consultation if circumstances forced me to choose a probate attorney:
Does the attorney have experience in this particular area of law?
Probate has its own unique laws, specific deadlines, and customs. I have well over a decade of experience regularly appearing in the Probate court, and I am still honing my craft every week. I know the players, the rules and the strategies that work here and now in Las Vegas, Nevada. I would not suggest you hire anyone that “dabbles” in probate as they will not possess the depth of knowledge your case may require. Missing a strategic point of law, or even something as simple as a filing deadline, can absolutely cost you money, time and stress.
I would ask the following questions of your proposed attorney:
- How long have you been practicing as an attorney?
- How long have you been practicing probate in particular?
- What percentage of your practice is dedicated to probate?
Do you actually like the attorney and their staff?
I believe that establishing a connection with your attorney is important. Probate is long, complicated and can be very stressful. Your attorney will be both guiding you and working with you throughout the process. Ideally, you would like the person you are dealing with. I know I take my time in my initial consultations and get to know my clients. Not everyone clicks, and it’s so much better to get another opinion than to pick someone just because they hold a current bar license.
The attorney typically has other people working with them to help you and your case. Those helpers are generally called paralegals, legal assistants, or secretaries, but also may include a CPA or accountant as well as tax professionals. You may wish to ask to meet the helpers, as you will be talking with them as well. My staff and I generally share work as appropriate to the task. My paralegals will be working with you on typical or standard type tasks, while I will discuss strategy, timing and set expectations with you as other team members are required.
I would ask the following questions of your proposed attorney:
- How do you prefer to communicate with me? By telephone? By email?
- What role will you play in the process, and what role will your assistant(s) play?
- Do you recommend any other professionals be brought in to discuss aspects of my case?
What will the process cost?
It is very hard to predict the cost of a probate. Smaller, or very basic probates, can often be more predictable and can be arranged as a flat fee. While flat fees are one way to manage your expectations about the process, not all probates will fall into this category. On the larger probates, fees are often paid to the attorney from the assets of the Estate at the end of the probate process. In this case, the cost can be charged as either a percentage of the value of the Estate or on an hourly basis. The good news is that the Probate Court reviews fees charged to the Estate to ensure that they are reasonable. Part of the service I offer is as an adviser to you when making this determination to ensure not only that your needs are met, but that the whole process is appropriately managed.
I would ask the following questions of your proposed attorney:
- Will you work on a flat fee?
- If not, will you work on a percentage of the value of the Estate?
- If not, what are the hourly rates your firm charges?
- Are your paralegal rates lower, and if so, what percentage of the time will the paralegal be working on the case?
Does the proposed attorney have a good reputation?
While a good way to find any professional is through a word-of-mouth referral, circumstances may have changed for the attorney since they were hired by your referral source. If you know someone who has hired a probate attorney, find out about their experience. However, in addition to a referral you should go online to the State Bar and find out if the attorney is in good standing in Nevada at: Find a Lawyer. Further, you can call the Probate Court, and ask them for a referral, or to check up on the attorney you are interviewing.
Summary
This is a lot to process, I know. But getting it right is important and I highly recommend that you interview your attorney as you are hiring them. Make sure you hire the right person – not just for the job, but for you!