ProbateTrust Litigation

How to Determine Whether a Contingency Fee Is Reasonable

By July 1, 2026No Comments
contingency fee

Key Takeaways

  • A contingency fee allows qualifying clients to pursue probate or trust litigation without paying attorney’s fees upfront.
  • There is no one-size-fits-all contingency fee.
  • The reasonableness of a contingency fee depends on the facts of the case.
  • An experienced probate litigation attorney can explain the available fee arrangements before litigation begins.

What Makes a Contingency Fee Reasonable?

Many beneficiaries and heirs hesitate to pursue probate or trust litigation because of the cost.
When a contingency fee is available, the attorney is paid only if money or property is recovered. But how do you know whether that fee is reasonable?
There is no single percentage that applies to every case. Instead, the reasonableness of a contingency fee depends on the complexity of the matter, the work involved, and the risks of pursuing the litigation.

Six Factors That Influence Contingency Fees

Every probate or trust dispute is different. Factors that may affect whether a contingency fee is reasonable include:
  • The time and labor required to investigate and litigate the case.
  • The complexity of the legal issues involved.
  • The skill and experience are needed to handle the matter effectively.
  • The customary fees charged for similar legal services.
  • The size and value of the estate or trust.
  • Any time-sensitive issues that require immediate legal action.
No single factor determines whether a contingency fee is reasonable. Instead, these considerations help evaluate whether the fee reflects the work, risk, and complexity of the case.
If you’re unsure about your next step, contact The Grossman Law Firm today. Attorney Scott Grossman has been helping clients throughout California for over 25 years. Let us help you.

FAQ

Is every contingency fee the same?

No. Each fee agreement depends on the facts of the case and the arrangement between the attorney and client.

Can every probate case be handled on a contingency fee?

No. Not every matter qualifies. Attorneys typically evaluate the available evidence, the value of the claim, and whether money or property can realistically be recovered.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Please call us at (888) 443-6590 or fill out our Get Help Now form below to take the next step.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Sep 4, 2016