Contingency fees
Paid when you are: contingency for will and trust contests
The person who controls the estate usually controls the money too. They can pay a lawyer by the hour from the very assets you’re fighting over. You may be paying your own rent and your own funeral bills.
That imbalance is why John J. Donahue takes qualifying will and trust contests on contingency.
How it works
- No hourly fee up front. You don’t write a retainer check to start.
- A written agreement. Before any work begins, you and John sign a fee agreement that sets out the percentage of the recovery that is his fee, and how case costs are handled. California requires contingency agreements to be in writing, and you get a copy.
- No recovery, no fee. If nothing is recovered for you, you owe no attorney’s fee.
- John has a stake in the outcome. On contingency, he only takes cases he believes in, and he works them to be worth something.
What makes a case qualify
John looks at three things in the first conversation:
The facts.
Is there real evidence of incapacity, undue influence, fraud or a defective document, or is it a family disagreement the law won’t reach?
The value.
Is there enough in the estate or trust, usually a house, to make a contest worth the time and cost?
The clock.
Is there still time to file? A case that’s two days from a 120-day deadline needs a decision now.
Some cases don’t qualify for contingency but are still worth bringing on an hourly or hybrid arrangement. Some aren’t worth bringing at all, and John will say so. Every case is different.
From the calls John gets
“How much will it cost?”
It’s usually the second question, right after “what are my rights.” Families who write to John ask it in plain words. One asked straight out: “Would you take it on contingency?”
What John looks at: Whether there’s still time. Families often write when a deadline is already close. Bring the trustee’s notice or any court papers to the first call.
Illustration. Details changed; not a real client. Tell John what happened →
What contingency doesn’t change
You’re still the client. You decide whether to settle. John tells you what he thinks a case is worth and why, but the decision to take an offer is yours.
In families’ own words
What families ask about fees
Is the agreement in writing?
Yes. In California a contingency fee agreement with a lawyer has to be in writing. It spells out the percentage and how case costs are handled, and you keep a copy.
What if my case doesn’t qualify?
John will say so and explain why, and talk through other ways to handle it. Sometimes the honest answer is that it isn’t worth the fight.
Who decides whether to settle?
You do. A contingency fee changes how John is paid, not who makes the decisions.