Legal Services Fee

Our Fees

At the Law Office of Emma Hemness PA, the legal services we provide throughout the course of representing our clients may be charged either as:  a one-time FLAT FEE (where one legal fee is quoted and paid up-front when the client retains our firm for a specified set of services); or, on an HOURLY basis (where all work performed by both attorney and staff on the client’s matter is tracked and billed in hourly increments at a predetermined rate.) 

Whether a flat fee or a fee based upon an hourly rate is involved is usually dependent upon the type and complexity of legal representation the client needs.  Many fees are also dependent upon whether the client’s matter for legal representation involves dispute or conflict with other parties or whether an appellate process may be required.

We strive to ensure that each and every client is aware of his/her fee arrangement before the client retains our firm.  And, if circumstances change during the course of the client’s representation --- as is often the case when a matter is not in dispute but then a conflict arises --- the client will be advised that the fee arrangement must be updated to fit these new circumstances.

Do You Charge for Your Initial Consultation?

Many attorneys, such as personal injury attorneys, will give you an initial consultation for free or over the phone.  Generally, this is not standard practice for most elder law attorneys.  Yet, still some are surprised to learn that our firm charges a consultation fee for meeting with either Emma or Gerald, in person or over the phone.  It is our opinion that for those who do not charge a consultation fee, the initial meeting is little more than a “getting to know you” session.

At your initial consultation with Emma or Gerald, you’ll have our undivided attention to your specific set of circumstances.  Because of the level of attention given to you, we’ve got to charge for the time we could be working on existing client matters.   We know your time is valuable, and so is ours.  We expect to accomplish quite a lot at our first meeting with you.  We want to determine the scope of your problem, educate you about the laws affecting your circumstances, offer suggestions on how to address your problem, decide on how you want to proceed, and collect the information we need to begin the work.  Although you may have not met us before, the initial consultation is far more than a “getting to know you” session. 

We strive to make this fee as affordable as possible.  And, we’ve been told by hundreds of satisfied customers that the expense was well worth it.

But, what if I just have one quick question?

We hear this question frequently.  While it may be true on some rare occasions that an inquiry can be handled with a quick question and answer, that is a rare exception from the norm.  Unfortunately, there’s no way we can make that determination until committing to speak with you.  Only after you have made the investment of the initial consultation, allowing us to adequately evaluate and discuss your unique situation, can we provide you with guidance based upon our legal knowledge and years of experience.

What if I have a question following my initial consultation?

It is often the case that, after the initial consultation, new issues arise or a client’s set of circumstances change considerably, such as a health care emergency.  If additional legal counsel needs to be provided that is:  1) within our scope of legal knowledge; and 2) the client has not entered into an ongoing fee arrangement which includes this legal advice, like a flat fee arrangement; or 3) the questions involve legal services for which the firm has not been retained; then we will be pleased to provide the client with additional legal counsel.  But, another one-hour consultation may be required, or, hourly billing will be applied to the work performed in order to address these new or additional circumstances so that the client is afforded the best legal advice possible.

 

Hourly Billing Rates

 
The customary hourly billing rates are as follows:
• Emma R. Hemness, Attorney - $295 per hour
• Gerald L. Hemness, Jr., Attorney - $250 per hour
• Paralegal/Legal Assistants - $75 per hour

Work is billed in segments of a minimum of 1/10 hr. (one-tenth increments with 1/10 hr equaling 6 minutes)

We do not bill separately for ordinary postage, photocopying charges or telephone expenses (including long distance charges).  However, such costs as Court filing fees and overnight delivery charges are the responsibility of the client.

Flat Fees:

Some activities are charged at a flat rate, rather than hourly. This is intended to provide clients with certainty about the final fee, and to encourage clients to make contact as necessary (without worrying about increases in the bill for each contact). In certain matters of legal representation, our initial one-hour consultation fee may be credited toward the flat fee. The following fees represent our “usual” flat-fee charges for uncomplicated matters: 

The Core Four (a basic estate plan)

Consists of a Will, Durable Power of Attorney, Designation of Health Care Surrogate, and Living Will
• Single person - $400
• Married couple - $600

The Essential Three (life-time decision making for financial & medical)

Consists of a Durable Power of Attorney, Designation of Health Care Surrogate, and Living Will
• Single person - $300
• Married couple - $450

Will(s) with Specialized Provisions

For a minor’s guardian appointment:
Add $50       Single person
Add $100     Married Couple

For a “Delayed distribution” trust provision:
Add $100     Single person
Add $175     Married couple        

Qualifying Special Needs Trust (for sick spouse)
• Well Spouse - $500

Third Party Trust (within the Will) for a Person with Disabilities
Add $300     Single person
Add $500     Married couple

Trusts (including Pourover Will(s) and Essential Three)

• Simple (single or married/joint)--$800-$1,200
• Individual Trust(s) with Decedent/Survivor Trusts (A/B/Q)--$1,500-$2,500
• Hourly fee applies to revocable trust funding assistance beyond funding directives
• Special Needs Trust (within revocable trust)  Add: $700
• Special Needs Trust (stand alone third party, including TIN and funding directives) -- $1,500

Other Estate Planning

• Initial one-hour consultation (usually applied toward flat fee) - $250
• Enhanced Life Estate Deeds - $200 (excl. recording costs)
• Other Deeds - $150 (excl. recording costs)
• Home Visits (Initial Interview or Signing) – billed at attorney’s hourly rate

Medicaid (Crisis) and Pre-Planning for Asset Protection for Medicaid and VA

• Initial one-hour consultation - $295
• Initial Consultations with written summary and evaluation -$800
• Preparation of Qualified Income Trusts/ "Miller" Trusts--$800-$1000
• Medicaid Crisis (includes spenddown plan; legal documents to execute plan; preparation and filing of application) – flat fee ranges $2500 - $6000
• Asset Protection Irrevocable Trusts (Medicaid or VA Benefits) - $2500 - $4500 (usually inclusive of deeds, TIN filing, and funding directives; hourly for direct funding assistance)

Probate

• Formal Administration – Base fee of $3,000 plus applicable percentage
            1.5% of Gross Estate over $100,000 but under $1,000,000
            1.0% of Gross Estate over $1,000,000
          Usual costs include $400 filing fee and $90 publication (based on Hillsborough County)
• Summary Administration – Base fee of $2,000.00
          Usual costs include $345 filing fee and $90 publication (based on Hillsborough County)
• Contested matters, unanticipated complications and extraordinary activity may incur hourly billing
• A cost retainer of $600 is required to commence any probate

Guardianship

• Guardianship for Incapacitated Person – $2,500 plus costs
          Usual costs are approximately $1,800 (includes filing fees, examiners and court-appointed counsel)
• Guardian Advocacy for Person with Developmental Disability - $1,000
          Usual costs are $0 (based on indigent Ward)
• Voluntary Guardianship - $1,500
          Usual costs are $400 filing fee
• Contested matters, unanticipated complications and extraordinary activity may incur hourly billing
• In some cases fees and costs may be reimbursed from the Ward’s assets or may be paid by the State
• A cost retainer of $600 is required to commence any Guardianship

Exploitation and Related Litigation

• Contingent or Hourly, to be determined at conclusion of consultation