Notice Of Hearing On Application For Attorney Fees Page 27
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52statement of all attorney and trustee fees approved by the Court in that
trust in the last five (5) years.
B.
Notice of application shall be given to the trustee. The trustee may waive
notice of the hearing and consent to payment of fees. The Court may
require notice of the hearing on the payment of the fees be given to the
trust beneficiaries who are affected by the payment of fees.
RULE 71.8
CONTESTED FEES
The burden is upon the attorney to prove the reasonableness of the fee as
governed by DR 2-106 of the Code of Professional Responsibility. A detailed fee
statement may be required which includes the itemization and date of service performed,
time expended, identification of the individual(s) performing the services and the hourly
rate charged.
RULE 71.9
CONTINGENT FEES
Prior to an attorney entering into any contingent fee agreement with a fiduciary,
an application for authority to enter into said agreement shall be approved by and filed
with the Court. In all cases, there shall be a written fee agreement as required by R.C.
Section 4705.15. The Court shall review the reasonableness of the attorney’s fees and
itemized expenses of the litigation.
A.
If the contingent fee agreement does not exceed 33 1/3% of the recovery,
or 40% if an appeal is taken, prior court approval is not required and the
approval of the contingent fee agreement may be ratified at the time of
settlement.
27
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