 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Estate of Campbell11/29/2005
l number of hours.
{ } Finally, Kelligher points out examples that he contends indicate that the probate court acted unreasonably and arbitrarily. First, he notes that at the hearing the magistrate never questioned him about the services he rendered, yet the court concluded that he spent an excessive amount of time on a simple administration. Second, he claims that the court arbitrarily dismissed his expert witness's testimony as unpersuasive without reason. Third, he claims the court gave no reason whatsoever for dismissing approximately 60 hours of services.
{ } The payment of reasonable attorney fees lies within the probate court's sound discretion. In re Estate of Fugate (1993), 86 Ohio App.3d 293, 298, 620 N.E.2d 966. "An abuse of discretion will be found where the probate court's decision is not supported by the record or is contrary to law." In re Stillwell (Apr. 10, 2000), 12th Dist. No. CA99-06-112, citing In re Keller (1989), 65 Ohio App.3d 650, 655, 584 N.E.2d 1312.
{ } R.C. 2113.36 speaks to attorney fees in probate proceedings. It states, in part, " hen an attorney has been employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of administration. The court may at any time during administration fix the amount of such fees and, on application of the executor or administrator or the attorney, shall fix the amount thereof." R.C. 2113.36. The attorney seeking fees bears the burden of proving the reasonableness of his or her fees. Campbell, 7th Dist. Nos. 02-CA-186, 02-CA-187, at .
{ } "Reasonable attorney fees must be based upon the actual services performed by the attorneys and upon the reasonable value of those services as determined from the evidence which must substantiate the award of fees as being reasonable." Watters v. Love (1965), 1 Ohio App.2d 571, 578, 206 N.E.2d 39. Fees that are reasonable must be reasonable both from the standpoint of the attorney rendering the services and from the standpoint of the estate out of which payment is being made. Id. In determining the reasonableness of attorney fees, one must consider the factors set out in DR 2-106. Sup.R. 71. They are:
{ } "(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.
{ } "(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.
{ } "(3) The fee customarily charged in the locality for similar legal services.
{ } "(4) The amount involved and the results obtained.
{ } "(5) The time limitations imposed by the client or by the circumstances.
{ } "(6) The nature and length of the professional relationship with the client.
{ } "(7) The experience, reputation, and ability of the lawyer or lawyers performing the services.
{ } "(8) Whether the fee is fixed or contingent." DR 2-106(B).
{ } Thus, we must determine whether the probate court abused its discretion in reducing Kelligher's requested fees. Kelligher requested $18,122.22 in fees and expenses for 158.1 hours of work for his services both as counsel of record and as successor administrator of the estate. Since then, he has admitted that the 35.7 hours he spent on the previous appeal may be excluded from this number.
Thus, appellant requests fees for 122.4 hours of work. Kelligher's requested hourly amount was $115. Thus, subtracting the fees for the time he spent on the previous appeal, Kelligher is requesting $14,016.72 ($1
Page 1 2 3 4 5 6 7 8 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|