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CLIENT QUESTIONS ATTORNEY’S CONSULTATION FEE

by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com

A reader asks: I need to engage the services of an estate planning attorney to update my Will and advance directives. I visited the website of an attorney recommended by my neighbor and although it appears from her website that she is well qualified, I am concerned that she insists on charging a non-refundable initial consultation fee of $100.00 even if I decide not to hire her to prepare the documents I need. Is this ethical?

Response: In a word, yes – as long as the non-refundable consultation fee is quoted up front and is in an amount considered “reasonable” for attorneys in your community. It would appear that the attorney whose website you visited has met both requirements which allows her to ethically charge a non-refundable initial consultation fee. However, just because something is ethical, and therefore permitted, does not necessarily make it the right thing to do.

An attorney has a fiduciary relationship with her clients, including potential clients who only have contact with her for purposes of deciding whether or not to hire her. As a fiduciary the attorney has a legal duty to do what is best for her clients and those who potentially may become her clients.

It is difficult for me to understand how an attorney charging someone a fee who has yet to even decide whether or not the attorney’s personality meshes well with theirs, for instance, and therefore whether they should hire the attorney to provide future services - such as preparing updated estate planning documents - is doing what is best for the potential client.

Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.

CUTEST PET CUTEST PET CUTEST PET CONTEST

Do you think you’ve got the cutest pet? Show him or her off in the next issue of Lifestyles! We’re looking for the best dressed and most festive companions that our audience has to offer. See information on how to submit your fur baby for the contest below:

For submissions:

Send us a little bit about your pet (100 words or less) along with the best photo in their modeling portfolio and what city you live in to Rebecca.Fending@lifestylesafter50.com with the words “Cutest Pet” in the subject line, or through our Facebook at www.facebook.com/LifestylesAfter50. Submissions must be before the 15th of every month, otherwise it will be held for a potential feature in the following issue’s publication. Include your name, phone number and Florida city. Submissions are published on a basis of what space is available.

Milo , submitted by Lluvia Donadelli of Plant City, FL

This is Milo. He is a Cocker Spaniel born on a Valentine’s Day 2020. He is very energetic and loves to play outside. He loves food and chewing up stuffed animals.