Can lawyers drain an estate by changing hands & making mistakes?

Question

I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned about the major financial impacts due to repeated mistakes, such as sending incorrect forms multiple times and charging for each erroneous document. Additionally, all notifications concerning the estate are being sent to someone who was removed from the estate and the assets by the person who wrote the will. Is there a stipulation on what a lawyer can charge for overseeing an estate proceeding, and can these actions drain the estate through such practices?

Patrick A. Twisdale · Answer

In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney fees must be reasonable, taking into account factors such as the time and labor required, the novelty and difficulty of the issues, and the results obtained. Rule 1.4 outlines a lawyer’s duty to keep clients reasonably informed about the status of a matter, which may be relevant in situations where multiple attorneys have handled a case without notifying the client. If there are concerns about frequent billing for corrected errors, that may relate to Rule 1.1, which requires attorneys to provide competent representation, and Rule 1.3, which covers diligence. In cases where legal fees are drawn directly from the estate, Rule 1.15 concerning the safekeeping of client property may also be relevant. Individuals seeking further clarification about a lawyer’s conduct may look into filing a grievance with the Office of Disciplinary Counsel, the body responsible for investigating potential violations of the Rules of Professional Conduct in South Carolina. Information about the complaint process is available on the South Carolina Bar’s website at www.scbar.org. Additionally, if there are concerns about the depletion of estate assets or improper distribution of notifications, parties with standing in the estate should reach out to competent counsel to review the matter.

James L. Arrasmith · Answer

In South Carolina, attorneys handling estate proceedings generally charge an hourly rate or a flat fee, but the exact amount and billing practices should be clearly explained in the engagement agreement. While there’s no fixed cap on what an attorney can charge, their fees must be reasonable and related to the work performed. If you believe the lawyers are charging for repeated mistakes or unnecessary work, you have the right to question these charges. 
 
You can start by requesting a detailed billing statement that shows the work performed, the time spent, and the associated costs. Reviewing these invoices carefully might help you identify patterns or charges that seem excessive or repetitive. Once you have that information, consider discussing your concerns with the law group directly. They may offer an explanation or be willing to adjust the billing if mistakes were made. 
 
If you’re not satisfied with their response, you might also look into filing a complaint with the South Carolina Bar or seeking guidance from another attorney who can help evaluate the fairness of the fees. By reviewing the invoices and challenging unreasonable charges, you can take steps to protect the estate from being drained by unnecessary legal expenses.

Q: Can lawyers drain an estate by changing hands & making mistakes?