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Partition Action Billing Options | Underwood Law Firm

Underwood Law Firm, P.C.

Because we want to help as many people as possible, and so many clients come to us anxious about paying for a partition action, we offer a number of different options to try to find the right solution tailored to the problem. Like all legal fees, the billing option is a product of negotiation between the client and the lawyer based on the unique circumstances of each case.

How we billMonthly Billing for Your Partition Action

Like most law firms, we offer a traditional option where the client pays money an invoice for work incurred at the end of every month. At its most basic, the underlying idea is that if you do work, then you should get paid. In this option, the amount is calculated by multiplying the hourly rate by the number of hours worked. The hourly rates are listed on the client agreement, and then the invoice shows the amounts actually worked on any task that month, so the client can see for themselves what was actually done. The invoice also shows third-party expenses, like court costs, that are billed without any markup. The client then pays the bill within the month. The benefit of this option is that the rates are generally the lowest of all the options.

Deferred Payment for Qualifying Partition Action Cases

Since most people haven’t set aside money for a lawsuit, the firm offers the option in qualifying cases to pay at the end of the relationship. Usually, this happens when one party either buys the property from the other co-owner, or the property is sold as part of the partition action. Again, the basic formulae is just hourly rate multiplied by hours worked, and the client receives an invoice detailing the amount spent with an opportunity to object every month.

This option is attractive because the interests of the client and the lawyer are aligned on getting the matter resolved as quickly as legally possible. The nature of the arrangement is that it requires that we select cases carefully based on available equity, and the facts of the case. We owe it to our clients and ourselves to analyze every case like this very carefully before we agree to proceed. For example, a case could be so demanding as to impact our ability to help other people. The benefit of this option is that, even though the rates are higher than the monthly option, the client does not have a bill waiting for them every single month.

Flat Fee Arrangements for Partition Action Matters

When it makes sense for both the client and the firm, the parties can agree on a flat fee for the matter. In this option, each side

 is taking a risk, but the arrangement reflects the “value” of the services received. The risk for the client is that, if the case settles quickly, then the client pays more than they might under a monthly model. The risk for the attorney is that the litigation is more extensive than planned, and the attorney ends up working for a lower rate than expected. The benefit for the client is that they know that their fees are limited to a certain amount, and fixed. This is the least used option because most clients are concerned that they will pay for more than they actually needed, and it is not the right tool for every situation.

How Can Underwood Law Firm, P.C. Help?

At Underwood Law Firm, P.C., we understand that every client's financial situation is different. That is why we offer monthly billing, deferred payment, and flat fee arrangements — so that cost is never the reason someone cannot pursue a partition action. To discuss which billing option is right for your case, contact an experienced partition action attorney at Underwood Law Firm, P.C. today.

Eli Underwood Eli Underwood

Founder & Managing Attorney
Elijah “Eli” Underwood is the founder and managing attorney of Underwood Law Firm, P.C., a California law firm focused on partition actions and real estate co-ownership disputes.
Since founding Underwood Law Firm in 2021, Eli has built a practice dedicated to helping property owners navigate complex disputes involving jointly owned real estate. The firm has handled more than 500 partition matters throughout California, giving Eli extensive experience in this highly specialized area of real estate law.
Eli has practiced law in California since 2009 and brings the perspective of both an experienced litigator and a real estate investor. His litigation experience includes jury and bench trial victories, representation of high-profile clients, including members of Congress, and legal work that has contributed to developments in California law.
Recognized for his knowledge of partition and co-ownership law, Eli serves on the Executive Committee of the California Lawyers Association Real Property Law Section. He is also an instructor on Partitions and Co-Ownership Relationships for the California Association of REALTORS® and regularly speaks to legal and professional organizations on partition law and real estate disputes.
Eli earned his J.D. from UC Hastings College of the Law, now UC Law San Francisco, in 2009 and his B.A. from UC Santa Barbara in 2005. During law school, he served on the board of the Negotiation Team and competed in national and international negotiation competitions.
His legal insight has been featured in television and print media, and he continues to contribute to the legal community through education, speaking engagements, and professional leadership.
Education
J.D., UC Hastings College of the Law (UC Law San Francisco), 2009
B.A., University of California, Santa Barbara, 2005
Bar Admission
State Bar of California, 2009
Professional Leadership & Education
Executive Committee, California Lawyers Association Real Property Law Section
Instructor, Partitions and Co-Ownership Relationships, California Association of REALTORS®
Speaker and educator on California partition and real estate co-ownership law

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    We were in need of a real estate attorney. Eli Underwood provided excellent legal advice and services. He explained everything well and followed through with all important issues that needed attention. We found him to be reliable, courteous, patient and extremely professional. We highly recommend...

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    I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him."...

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    Eli took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and...

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    We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially...

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    In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of...

    M.A.

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