Fees

Donald L. Scoggins strives to provide legal services on financial terms that are comfortable for clients. Mr. Scoggins is usually paid for services by the hour, at rate agreed upon by the client. Payment on a contingent fee basis may be available, depending upon the nature of the matter and the client's preferences. For certain matters, fees are fixed by law. The various kinds of fee arrangements are explained below.

Statutory Fees in Fiduciary Probate Matters

In California, the Superior Court reviews and authorizes compensation to attorneys who represent fiduciaries in probate matters (e.g., executors, administrators, guardians, and conservators).

Attorney fees for representation of personal representatives in decedent estate administration matters are partially fixed by law and partially within the discretion of the Superior Court. The basic fee, called the statutory fee, is a percentage of the value of the estate. The formula for computing the statutory fee in decedent estates is set forth below:

• 4 percent of the first $100,000 of estate value
• 3 percent of the next $100,000 of estate value
• 2 percent of the next $800,000 of estate value
• 1 percent of the next $9 million of estate value
• ½ percent of next $15 million of estate value

Except in rare instances, the Superior Court is required to award the full statutory fee to the personal representative's attorney. The personal representative is also awarded the exact same amount of compensation.

In addition to the mandatory statutory fee, the Superior Court has discretion to award additional fees, called extraordinary fees, to compensate the attorneys in estates that have unusual issues that require attorney services beyond those normally expected in a routine probate. The amount of such compensation depends upon the complexity of the issues, the amount of time expended resolving the issues, the results achieved, and the size of the estate. In Los Angeles County, the Superior Court awards extraordinary compensation at a rate ranging from $400.00 to $650.00 per hour. Depending upon the size of the estate and the nature of the extraordinary services required, Donald L. Scoggins will often perform extraordinary services at a reduced rate. In some instances, extraordinary compensation will be waived entirely.

In all other probate fiduciary matters (e.g., guardianships, conservators), compensation to the attorney for the guardian or conservator is entirely within the Superior Court's discretion. The amount of compensation depends upon the complexity of the case, the amount of time expended resolving the case, the results achieved, and the size of the estate. In Los Angeles County, the Superior Court awards compensation at a rate ranging from $400.00 to $650.00 per hour. Before beginning representation of a client as conservator or guardian, Donald L. Scoggins will reach an agreement with the client regarding the hourly rate for compensation before the Superior Court. The rate is determined on a case-by-case basis.

Fees in Other Matters

In an hourly arrangement, clients pay Donald L. Scoggins for the actual time he expends each month on the client’s matter. The hourly rate is determined on a case-by-case basis and depends upon the complexity of the matter. Mr. Scoggins may be able to give an overall estimate of the fees that will be incurred in a matter after meeting with the client and carefully defining the scope of the representation. The actual fees the client incurs may be less or more than this estimate.

In a contingent fee arrangement, the attorney is paid for services rendered only if the outcome is successful for the client. The percentage of the recovery payable to the attorney is determined on a case-by-case basis and depends upon the complexity of the matter and the likelihood of a successful outcome. A contingent fee of 33 percent of the gross recovery is usually charged if settlement is possible without litigation, and 40 percent if court action is required. A 50 percent fee may be required for difficult cases.

Regardless of the financial terms to which the attorney and the client agree, a written fee agreement with a client is required before representation begins.