FEES and APPROACH

A Practical Approach to Probate & Guardianship Litigation

Legal disputes involving estates, guardianships, and powers of attorney are not just legal problems—they are financial and strategic decisions.

In many cases, the assets at issue are limited.
An unstructured or overly aggressive approach can quickly consume what you are trying to protect.

Our goal is simple: resolve disputes effectively while preserving what matters.

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OUR APPROACH

Every case is different, but our approach is consistent.

1. Early Case Assessment

We begin by evaluating:

  • The strength of the legal claims

  • The likely range of outcomes

  • The cost relative to what is at stake

Not every dispute should be litigated—and not every case should be litigated the same way.

2. Focused, Strategic Litigation

We do not take a “do everything” approach.

Instead, we focus on:

  • Identifying the key legal issues early

  • Using motion practice to narrow disputes

  • Avoiding unnecessary or duplicative work

This helps control costs while still applying meaningful pressure where it matters.

3. Targeted Discovery

Discovery can be one of the most expensive parts of litigation.

We use it deliberately:

  • To obtain specific, necessary information

  • To support defined legal arguments

  • Not as a default or blanket process

4. Resolution When Appropriate

Many probate and guardianship disputes benefit from early or mid-stage resolution.

We actively evaluate:

  • When settlement makes sense

  • When continued litigation is justified

  • How to position the case for the best possible outcome

5. Trial Readiness

While many cases resolve, some do not.

We prepare every case with the understanding that:

  • Trial may be necessary

  • Leverage often comes from being prepared to proceed

FEE MODELS

  • Most matters are handled on an hourly basis.

    • Attorney: $300/hour

    • Legal staff: $110/hour

    Clients are asked to provide an initial retainer, which is applied to fees and costs as work is performed.

  • In appropriate cases, we offer a hybrid structure that combines:

    • A reduced hourly rate

    • A success-based component tied to the outcome

    This approach:

    • Aligns incentives

    • Reduces upfront financial pressure

    • Keeps the case moving efficiently

    Not all cases are appropriate for this structure, but we will discuss it where applicable.

  • In certain situations, we can structure work in defined phases (such as initial case evaluation or motion practice).

    This allows:

    • Greater predictability

    • Clear expectations for early stages of the case

  • In addition to legal fees, most cases involve third-party costs such as:

    • Filing fees

    • Court reporters

    • Mediation fees

    • Expert witnesses (if necessary)

    We discuss these in advance whenever possible so there are no surprises.

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Why THIS APPROACH

Litigation requires judgment, discipline, and decision-making.

We work best with clients who:

  • Want a clear, strategic approach

  • Understand that not every issue should be fought

  • Are focused on meaningful outcomes rather than prolonging disputes

We do not pursue claims or strategies that are not supported by the law or the facts.

A Different Kind of Representation

Some firms take a volume approach to litigation.
Others take an aggressive approach regardless of cost.

We take a focused approach.

  • Fewer cases

  • More attention

  • Strategy driven by results—not activity

Next Step

If you are involved in a probate or guardianship dispute, the first step is understanding your position and options.

Contact Winiecki Law to schedule a consultation and discuss how your case can be approached strategically.

Let’s Work Together

If you're interested in working with us, complete the form with a few details about your project. We'll review your message and get back to you within 48 hours.