As an out-of-state personal injury attorney, securing a settlement for a minor involved in an accident where you blast the policy limits using elite legal strategy, a win of this nature is a considerable one for obvious reasons. Whether your firm is based in Missouri, Denver, Indiana or even Texas, you did not get to that win by not spending anything: you invested heavy financial resources, out-of-pocket costs and probably spent oodles of hours to get the defense insurance carrier to a legal discussion. Once you secured the substantial settlement for the injured child under a contingency fee agreement that ranges in the 33.3 to 40 percent amount, you have the parents sign the settlement agreement, and make the assumption that the worst is behind you, and it’s smooth sailing from that point. 

Cook County Probate Rules and Attorney Fee Limits for Minor Settlements

However, what you won’t be told is that once you cross the border into Cook County to finalize everything, the Cook County Probate Court smacks you right in the middle of the face with a procedural hurdle. Upon taking a look at your petition, the probate judge cites Cook County Local Rule 12.15(c). This local piece of legislation makes the judicial presumption in minor’s estates should never go past 25 percent regardless of the binding fee agreement signed by the parents. Suddenly and without notice, the judge slashes your firm’s contractual fees by tens of thousands of dollars, and you’re left with the possibility of not even breaking even when it comes to the case you just handles, and most likely, going at a loss.

If you’re an out-of-state attorney that just won a major settlement victory for an Illinois minor after they were involved in an accident outside Illinois and are considering venturing into a Cook County or any other Illinois court, STOP. Proceeding may mean having to give up tens of thousands of dollars in contingency fees because of an archaic and unreasonable piece of legislation. Read on to find out how our referral program can help put this amount and percentage back in your law firm’s coffers without you having to engage with Illinois courts. 

Our Attorneys Are Ready to Help You!

Are you looking for the best Illinois probate attorney for minor settlements? Please call the best probate attorneys at McCready Law NOW at (314) 481-63338 to learn more about how we can help you obtain Illinois court approval for your minor settlement. The experienced Illinois probate attorneys at McCready Law bring to the table combined experience spanning over 90 years where we have helped attorneys from across the country navigate the Illinois probate system with speed, efficiency, and reliability. To date, we have recovered over $500 million for our clients, and our expertise in all areas of the law as well as our personable and efficient approach place us at a level that is unheard of in probate law. We take on cases on an agreed-upon flat fee basis, and the first call to us is consulted on a 100% FREE basis. 

Regardless of where you are in the country, McCready Law can assist with your Illinois probate minor settlement approval, and we will handle the entire process from start to finish so you can focus on your practice while we handle the Illinois court approval. Need to speak to someone regarding the potential for a fast and efficient Illinois probate approval? Call us NOW at (314) 481-63338 to learn more about our flat-fee probate services. 

Illinois Probate Law – How to Defeat the Local Rule 12.15 (c) 25% Presumption

What nobody will ever tell you is that the 25 percent fee cap under Local Rule 12.15 (c) Presumption is simply a suggestion, and not an absolute statutory ceiling. An out-of-state attorney therefore doesn’t have to begrudgingly accept the slashing of their contingency fee. This is because legal precedence exists, particularly in the cases of In re Estate of Weeks and Estate of Wellman, where counsel fought back using the “extraordinary circumstances” defense. 

Here’s how McCready Law will approach this on your firm’s behalf:

1. Filing an Ironclad Extraordinary Circumstances Petition – We just don’t submit a standard minor settlement compromise; we add a fee addendum where we cite Extraordinary Circumstances where we detail the complex processes that went into winning the settlement such as complicated interstate discovery and liability hazards. If we’re able to show that your firm absorbed substantial financial exposure in order to secure the policy limits, the judge may be amenable to keeping the 33 percent contingency fee based off the circumstances surrounding the case. 
2. Applying Lodestar Cross-Check – probate judges want a mathematical reason for them to approve your higher fee. Therefore, our firm goes to work at drafting a detailed lodestar cross-check, which provides the Judge with an itemized hourly matrix with regard to the child’s injuries. For instance, if we’re able to show the number of hours spend at expert witness preparation, out-of-state depositions and so on, we shall be able to prove to the court using solid mathematics that reducing your firm’s contingency fees by up to 25 percent would be tantamount to unjustly penalizing your firm when it went above and beyond to secure a favorable settlement for the minor. 

Illinois Minor Probate Referral Attorneys – Call Us Today!

At McCready Law, we have seen how out-of-state counsel are pummeled by the administrative roadblocks and rules that are used by Cook County judges to slash their fees. With over a century of combined litigation experience and a comprehensive understanding of our Illinois probate laws, we’re well positioned to ensure that you get paid every dollar you earned. If you’d like more information about our fee structure or to simply speak with an attorney on this matter, please give us a call NOW at (314) 481-63338 regardless of where you are in the country, and we’ll get something meaningful going. Thanks for choosing us, and we look forward to collaborating with you.