# Attorneys -am I being patient enough and when is it time to hire somebody else? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [December 18, 2023, 3:46pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779 "2023-12-18T15:46:20Z")\ **Posts on this page:** 15\ **Page:** 2
**Author:** ![Tride](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tride/32/13907_2.png) [@Tride](https://boards.straightdope.com/u/Tride)\ **Post date:** [December 19, 2023, 2:19pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/21 "2023-12-19T14:19:17Z")
I would add that not having copies or preferably the originals of **your** documents back is a big big red flag. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [December 19, 2023, 2:48pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/22 "2023-12-19T14:48:18Z")
I was concerned too. Unfortunately I was on my 3rd week in hospital for pneumonia. I wasn’t in any shape to feed documents into a flatbed scanner one page at a time. A lawyers office should have a scanner with sheet feeder. Or, some copy machines have scanning built-in. Of course that’s for the staff’s use. 😉 Being the boss can be nice. ---
**Author:** ![jnglmassiv](https://avatars.discourse-cdn.com/v4/letter/j/f07891/32.png) [@jnglmassiv](https://boards.straightdope.com/u/jnglmassiv)\ **Post date:** [December 19, 2023, 3:03pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/23 "2023-12-19T15:03:47Z")
> [@Dinsdale](#): > > I don’t think so. No estate/trust is so complicated that the initial steps could not have been taken - or a strategy identified - within 8-9 months. I don’t thinks so either, but perhaps those initial steps have been taken, strategy identified, and they’re just waiting for [legitimate hurdle]. There might be reason to be angry but there might not. Get the update, evaluate where the lawyer’s at and _then_ get pissed off if needed. Remember, OP hasn’t contacted them in all this time, either. > [@Dinsdale](#): > > It is pretty common (tho not universal) practice for lawyers to bill for monthly reviews of all of their open cases. Wouldn’t the estate be billed? Come to think of it, who is the client here? The trust? ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [December 19, 2023, 3:12pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/24 "2023-12-19T15:12:04Z")
I think the Executor of the Trust when ever one is appointed pays? It won’t be me. I will have very little control of the Trust. The Will calls for a small annual payout. Nearly all goes to charity after I’m finished living. I inherit the other assets. I’m still sorting out what furniture to give away or sell. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [December 19, 2023, 4:39pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/25 "2023-12-19T16:39:47Z")
> [@aceplace57](#): > > . Mailing it registered or certified? That’s probably unnecessary unless you have a _really_ bad feeling about these guys. Most lawyer to lawyer letters I get these days are PDF attachments to emails. Probable scenario: They’ll get your letter, feel bad they didn’t do a better job keeping you in the loop (or working on the file), and tell you what has been done and what’s left to do. ---
**Author:** ![Roderick\_Femm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/roderick_femm/32/14875_2.png) [@Roderick\_Femm](https://boards.straightdope.com/u/Roderick_Femm)\ **Post date:** [December 19, 2023, 11:48pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/26 "2023-12-19T23:48:56Z")
> [@kayaker](#): > > > [@aceplace57](#): > > > > It is odd no retainer was requested. > > It varies by state, but In Pennsylvania it is customary for the attorney to get the same percentage as the executor/executrix and they get their fee at the end when the pie is divided up. I’m not an attorney, but I thought a retainer served a couple of purposes – a kind of earnest money, to prove sincerity and give the client some skin in the game; and mostly so that the attorney didn’t have to front all the incidental costs before getting paid at the end. Also, a retainer is a down payment, not a final billing, so it would still be settled at the end. When I had an attorney help with my father’s estate, he not only asked for a retainer but also had monthly billing (and accounting) for time spent so far. Of course an attorney doesn’t have to do any of that, and I suppose such practices vary by state. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [December 20, 2023, 1:48am UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/27 "2023-12-20T01:48:43Z")
I paid a retainer (then more) to my attorney for my divorce. I paid a retainer for representation in a civil suit (that I won!!). However my gf’s attorney contract for her aunt’s estate involved a contract with x% of the estate’s value (minus certain things) payable at the very end. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [December 20, 2023, 2:22pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/28 "2023-12-20T14:22:52Z")
> [@kayaker](#): > > However my gf’s attorney contract for her aunt’s estate involved a contract with x% of the estate’s value (minus certain things) payable at the very end. That sounds kinda weird. Was she contesting a will, and offering a contingent % of anything the atty could get her? As I’ve said before, I’m professionally ignorant WRT estate law, but I’ve never heard of a contingency fee in such situations. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [December 20, 2023, 3:40pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/29 "2023-12-20T15:40:28Z")
> [@Dinsdale](#): > > That sounds kinda weird. Was she contesting a will, and offering a contingent % of anything the atty could get her? Pennsylvania “suggests” the executor/executrix be paid 5% for the first $100,000.00 and then the percentage goes down as the estate increases in value. The attorney my gf hired to help her takes the same amount. > **[How are estate executor fees calculated in Pennsylvania?](https://pennsylvaniaprobatelawfirm.com/how-are-estate-executor-fees-calculated-in-pennsylvania/)** > > Executors are compensated for serving as an estate representative. These guidelines describe how the fees are determined in Pennsylvania. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [December 20, 2023, 9:33pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/30 "2023-12-20T21:33:45Z")
I did not appreciate that you were describing services as an executor. Not sure that is exactly what the OP is seeking. (Still, a set % for an executor seems odd, absent consideration of the complexity of the estate.) ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [December 20, 2023, 10:17pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/31 "2023-12-20T22:17:42Z")
Executors are a interesting problem. Over the years my parents approached several relatives. IIRC mom’s sister was first. One by one they passed away. My mom was choosing from her own peer group. _Old Folks_ Now, it’s whoever the Attorney picks to manage the trust. Most likely a professional management company. ---
**Author:** ![CairoCarol](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cairocarol/32/3825_2.png) [@CairoCarol](https://boards.straightdope.com/u/CairoCarol)\ **Post date:** [December 20, 2023, 10:45pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/32 "2023-12-20T22:45:25Z")
You may not want to do this, but if you would like some redress for the attorney’s foot-dragging, you can file a complaint with the state bar. (I don’t know what the process would be, but I’m sure it’s easy enough to Google). Lack of timely response can lead to censure by the bar. I know this because when I was involved in a lawsuit (related to a poorly written trust, as a matter of fact, though under radically different circumstances than you are dealing with), I researched the attorney who wrote the trust. It turned out he had an official sanction on his record for something quite like what you seem to be going through. He wasn’t disbarred, but anyone who cares can see that on his permanent record. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [December 21, 2023, 6:50am UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/33 "2023-12-21T06:50:46Z")
> [@aceplace57](#): > > I’d estimate 60% is going to charity that my parents designated. I’m fine with that. It’s not my money. I didn’t earn this. Most charities have an attorney on retainer, or a friendly attorney on their board. Get them involved. When the charity learns that there’s a few million $ coming to them, as soon as this current attorney gets off his ass, they will be glad to help motivate this attorney. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [December 21, 2023, 7:20pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/34 "2023-12-21T19:20:02Z")
Thank you for the suggestion. I’m sure St Jude’s will help. That’s the main charity. Also Arkansas Children’s Hospital is on the list. For my own estate I like Make A Wish. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [December 22, 2023, 7:06pm UTC](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779/35 "2023-12-22T19:06:36Z")
I heard back from the estate attorney. A bank will be appointed as Trustee without moving the assets from Wells Fargo. I need to begin thinking about my personal estate and filing a Will. Perhaps look into setting up a small annual Scholarship fund for young people to attend college classes. I want to leave something positive behind after I take care of my family’s future. It doesn’t take a fortune. 200k a year would fund the cost of three or four people for a semesters classes at Public University. It’s approximately 30k a semester to enroll in 14 credit hours, pay activity fees, and buy books at my local public University. [Previous page](https://boards.straightdope.com/t/attorneys-am-i-being-patient-enough-and-when-is-it-time-to-hire-somebody-else/994779.md?page=1)