Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When you hire an attorney for probate matters in Rhode Island, the initial representation agreement—often called an engagement letter—sets out which tasks the attorney will perform for you. Understanding this scope helps you manage expectations, costs, and timeframes.
1. Review the Engagement Letter
The agreement should outline the scope of representation. It typically includes:
- Case evaluation and legal research;
- Preparation and filing of the petition for probate;
- Drafting and service of notice to heirs and creditors;
- Inventory, appraisal, and asset gathering;
- Court appearances related to initial filings;
- Basic client communication and status updates.
2. Flat Fee vs. Hourly Billing
If the agreement uses a flat fee, confirm which tasks it covers. Flat fee agreements often limit the scope to routine filings and administration. An hourly agreement should list the hourly rate and estimate hours for key tasks.
3. Exclusions and Additional Services
The engagement letter should identify tasks that fall outside the initial scope. Common exclusions include:
- Complex asset valuations or real estate closings;
- Litigation over will contests or creditor claims;
- Tax preparation and filings beyond basic estate tax;
- Guardian or conservatorship appointments.
4. Statutory Framework
The Rhode Island Probate Court may approve attorney fees based on the scope of services performed and the complexity of the estate. Under R.I. Gen. Laws § 33-23-1, the court must find attorney fees reasonable based on time, skill, and results obtained.
5. Confirm in Writing
Before signing the engagement letter, ask the attorney to clarify any ambiguous language. Request a “Scope of Services” section that lists included tasks, exclusions, billing terms, and retainer policies.
Helpful Hints
- Request a detailed, written engagement letter.
- Ask the attorney to highlight tasks covered by flat fees.
- Confirm which services are excluded or billed separately.
- Discuss how the retainer will be applied to fees and costs.
- Keep copies of all filed documents and communications.