Dan's Desk

Short-Sighted Lawyering

Written by Dan Gallatin | Oct 26, 2022 3:17:07 PM
A news story illustrates why lawyers get such a bad rap.  In this case, the negative reaction to the lawyering involved is absolutely deserved.
 
In a case venued in Duluth that includes counsel from a Forest Lake firm, an ongoing probate dispute has apparently depleted the estate's assets.  Functionally, someone passed away and there is a contest over who should get the assets of the estate.  The estate had approximately $250,000.00 in assets.
 
As probate lawyers know, the estate pays the attorney's fees for the lawyer representing the personal representative of the estate.  Those fees come directly out of the estate's assets. 
 
In a case of what I consider to be horrific lawyering, the lawyers in this dispute have drug out the fight so badly that the beneficiaries are looking at getting nothing from the estate.  $250,000 spent on a fight.  Lawyers getting paid.  Family members getting nothing.
 
Your lawyer should never get you in that position.  A fundamental element of a case analysis is what resources should be committed to the case to produce a positive outcome for the client.  $250,000 is a lot of money, but should not be looked at as a pot from which you get paid.  The analysis must be to make tough decisions so the right people get the money.  The lawyers are not the right people.
 
I will not get you in a situation where my fees and expenses are outspending the case.  Don't get yourself caught in that situation.