馃攳
Attorney's Fees in Condemnation Cases - Attorney Philip Hundl - Richmond TX - YouTube
Channel: Wadler Perches Hundl & Kerlick
[0]
- Hello, my name's Philip Hundl.
[2]
I'm an attorney with Wadler,
Perches, Hundl & Kerlick.
[5]
We're a law firm based in Wharton County,
[7]
with offices is Fort Bend County, as well.
[11]
Primarily, I handle condemnation
cases for landowners
[15]
throughout the Gulf Coast area of Texas.
[19]
I'd like to talk today
about fee arrangements
[25]
in condemnation cases and,
specifically, condemnation cases
[30]
between landowner condemnation
representation by lawyers.
[35]
So, there's been some questions
about what's the typical
[41]
fee arrangement for a landowner
[43]
that's faced with a condemnation
case, be it a pipeline,
[47]
be it a road expansion, utility easement.
[51]
What options are available
for that landowner?
[56]
I think sometimes landowners believe that,
[58]
well, to hire a lawyer, it's
going to cost a lot of money,
[62]
it's going to be billed
on an hourly basis,
[67]
and that's going to eat into
whatever possible compensation
[71]
or compensation that they
will get from, in this case,
[74]
let's say a pipeline company.
[76]
So, landowners tend to
sometimes be hesitant
[80]
to get a lawyer involved,
especially get a lawyer
[82]
involved early on, because they're afraid
[84]
they're going to receive less
from the pipeline company
[88]
in the end, because they
have to pay for their lawyer.
[92]
I understand that concern,
and so, let's talk about
[95]
the typical fee arrangements
in a condemnation case.
[99]
Typically, condemnation attorneys
[102]
handling landowner condemnation matters
[105]
will handle those matters
on a contingency fee basis.
[108]
What does that mean?
[111]
Let's just say, for example,
a landowner receives
[113]
an offer from a pipeline
company of $50,000,
[117]
and by hiring an attorney
on a contingency fee basis,
[121]
the landowner in the end receives $80,000,
[125]
through the negotiation of the attorney,
[128]
possibly negotiation and
reaching a settlement,
[132]
or negotiation representing the landowner
[136]
at a Special Commissioners' Hearing,
[138]
or all the way through
trial, and receives more.
[141]
Let's say, for example, receives
at total of $80,000 more.
[145]
Under a contingency fee arrangement,
[149]
the attorney would
subtract off the $50,000
[153]
that the landowner was initially offered.
[156]
That's the landowner's.
[158]
It's not subject to a contingency fee.
[160]
And then, the part that
the attorney would receive
[165]
would be out of the additional
amount that the attorney
[170]
was able to get for the landowner.
[172]
So let's just use an example,
contingency fee percentages
[177]
can range from one-third up to 40, 45%,
[181]
depending on when the attorney is hired
[184]
by the landowner and gets involved.
[186]
But under our scenario, let's just say
[188]
it was a one-third
contingency fee arrangement.
[191]
So, initial offer, $50,000.
[195]
Final agreed amount to be paid, $80,000.
[200]
The landowner would receive $70,000,
[204]
so $50,000 plus $20,000.
[207]
The attorney would receive $10,000.
[209]
So what's at play for the contingency fee
[213]
is the additional $30,000 that
the attorney was able to get,
[217]
in addition to the initial offer
[219]
that was offered by the pipeline company.
[221]
So, under that contingency
fee arrangement,
[225]
landowner receives $70,000,
so $20,000 more than what they
[230]
were offered by the pipeline company,
[231]
and the attorney receives a
contingency fee of $10,000.
[235]
So, under that arrangement,
the landowner did not lose
[242]
any of his initial offer
from the pipeline company.
[246]
There's also some scenarios,
and I've seen this,
[249]
and I've been hired under
this fee arrangement,
[254]
is an hourly fee arrangement,
when the landowner
[258]
believes that it's in his
best interest economically
[261]
to just hire the attorney
on an hourly basis.
[265]
And hourly rates of attorneys will vary,
[268]
just like contingency fee percentages.
[270]
But also condemnation attorneys
[275]
can be hired on an hourly bases.
[277]
But some condemnation attorneys
[279]
may not accept that fee arrangement.
[282]
They may want to stick
with a contingency fee,
[285]
but once again, I've
seen both arrangements.
[288]
I've worked under both arrangements,
[290]
as well, with landowners.
[291]
So hopefully that's helpful in clarifying
[295]
contingency fee agreements or arrangements
[299]
for landowners in condemnation cases.
[301]
Good luck.
Most Recent Videos:
You can go back to the homepage right here: Homepage