Is a Probate Attorney's Hourly Rate a Lot? How to Judge It in Florida

Is that hourly rate a lot for a lawyer? The rate alone can’t answer that. For an hourly rate, the bill is the rate times the hours worked, plus any costs you agreed to pay. Florida law gives you ways to ask about that math before you agree to anything. This guide explains how to test an hourly rate against the work it pays for, whether you’re a beneficiary, an heir or a fiduciary. Leslie V. Marenco is the responsible lawyer for this page at Trust Counsel, PL in Coral Gables, Florida.

What an hourly rate actually means

An hourly rate is a unit price. The total you owe depends on whether the fee is fixed or contingent; for an hourly rate, it is that rate multiplied by the hours recorded on your matter, plus the costs you agreed to pay.

Two matters billed at the same rate can produce very different totals. A single question about a trust distribution may take a few hours. A contested trust case with several parties can take far more time. The rate stays the same while the hours change.

That’s why the rate alone doesn’t tell you what you’ll pay. The number to ask for is an estimate of hours by phase of work, in writing. Florida Bar Rule 4-1.5 says a client may talk with the lawyer about the proposed fee and bargain about the rate. The same rule says a lawyer should give a reasonable estimate of future necessary costs.

So the real question isn’t whether the rate sounds high. It’s whether the hours behind the bill match the work in front of you.

What an hourly rate pays for

An hourly rate pays for the lawyer’s time on your matter. It doesn’t pay for a phone call or a single piece of paper.

Much of that time goes to reading. A lawyer reviews trust documents, wills, account statements and court filings before giving advice. Research and drafting come next. Then come letters to opposing counsel, calls with other parties, and preparation for hearings or mediation. The American Arbitration Association describes mediation as an alternative dispute-resolution process, and preparing for it takes real time.

Client meetings and calls are billed too. Your engagement agreement should say which tasks are billed and at what staff level. An assistant or paralegal may handle part of the work. Ask whether those hours carry a different rate.

The rate also helps cover overhead, such as office space and technology. That overhead is separate from the lawyer’s personal pay. Ask how the agreement treats it.

What makes a rate feel high or reasonable

A rate feels reasonable when the complexity, the risk and the hours line up with the work. Several factors shape that match.

Complexity matters most. A single beneficiary question differs from a multi-party trust contest. An estate with assets in more than one country also takes more time to sort out.

The type of work matters too. Litigation in probate or trust court often involves firm deadlines, motions and hearings. Planning work usually moves at a slower pace.

Experience and training matter. You can ask a lawyer directly about education, training and experience in the area your matter involves. Florida’s rule says a lawyer should share that information if you ask.

Urgency and stakes matter as well. A near deadline or large assets can require more hours. The answer depends on the facts of your matter.

Florida starts from a basic rule on fees. Under Price v. Tyler, each party generally bears its own attorneys’ fees unless a contract or statute provides otherwise. That makes the fee terms in your agreement especially important.

Hourly billing compared with other fee arrangements

Hourly billing charges for the work actually done. It fits matters whose scope is still unclear. Other structures can work better when the steps are defined.

A fixed fee covers a defined set of steps. Some planning work is quoted this way when its steps are known in advance. The agreement should still say what the price covers and what it leaves out.

The agreement should explain how the deposit is applied. Florida Bar Rule 4-1.5 says a client who pays a deposit for costs may ask how the money has been spent and how much remains.

Florida law also allows a different method in estate matters. Under Fla. Stat. § 733.6171, the attorney, the personal representative and the persons bearing the cost may agree on another way to set compensation. Without such an agreement, a different method may be used only if it is disclosed to those parties and no objection is made under the Florida Probate Rules.

Compare each structure to your own matter, not to someone else’s bill. A short, defined task and a long, open dispute call for different structures.

Questions to ask before agreeing to an hourly rate

Ask for the rate, the billing terms and an estimate of hours in writing before you agree to anything. Then ask these questions:

• Is the agreement in writing, and does it state the rate, the billing increments and what each task is billed as?
• Can the lawyer give an estimate of hours by phase, and how often will you get statements?
• Which costs are billed on top of fees, such as filing fees, court reporter charges or appraisals?
• Who will do each task, and at what rate, when an assistant or paralegal does part of the work?
• What happens to the estimate if the matter changes, such as when a new party or claim is added?

Florida law adds checkpoints in estate matters. Some statutes prescribe a procedure for setting a lawyer’s fee, such as for an attorney representing a personal representative (often called an executor). For example, Fla. Stat. § 733.6171 requires that a copy of any separate written fee agreement with the decedent be furnished to the personal representative before employment begins. Under Fla. Stat. § 733.6171, an attorney representing a personal representative who intends to charge a fee based on the statutory schedule must make written disclosures to the personal representative, including that the personal representative is entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation.

Under section 733.6175(3), Florida Statutes, it is the personal representative and the person the personal representative employed who must prove that the compensation is reasonable. Fla. Stat. § 733.6175 reads: “(2) Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administration process, and the costs, including attorneys’ fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the estate unless the court finds the requested compensation to be substantially unreasonable.” They must show the employment and the fees are proper and reasonable. Fla. Stat. § 733.6175 also lets a court order refunds of excessive compensation. Clear questions now can prevent trouble later.

Common questions about lawyer hourly rates

Most of these questions come down to one check. Compare the rate with the written estimate and the work described.

Talking through your matter with Trust Counsel

The first step is a conversation about your facts, the phases of work and how billing would be written down. You may be a child handling a parent’s trust, a beneficiary who received a rate sheet during a dispute, or a fiduciary facing a claim you didn’t expect.

Trust Counsel, PL advises and represents trustees, personal representatives and beneficiaries. Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm. Trust Counsel, PL is located in Coral Gables, Florida, and we serve clients in Florida.

Your first consultation is free, confidential and carries no obligation to continue.

If a quoted rate has you unsure, call (305) 707-7126 or schedule online to book your free strategy call.