Computation Form Of Attorney Fees Page 16
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26RULE 68.3
STRUCTURED SETTLEMENTS
In the event the parties involved in claims for injuries to minors or
incompetents desire to enter into a structured settlement, the application shall
include a signed statement specifying the present value of the settlement and the
method of the calculation of the value.
RULE 69
SETTLEMENT OF CLAIMS OF OR AGAINST ADULT WARDS
(A)
An application for settlement of a claim in favor of or against an adult
ward shall be brought by the guardian of the estate. Notice of the hearing on the
application shall be given to all persons who are interested parties to the proposed
settlement, as determined by the court. The court may authorize or direct the
guardian of the ward's estate to compromise and settle claims as the court considers
to be in the best interest of the ward. The court may dispense with notice of
hearing.
(B)
The application for settlement of an injury claim shall be accompanied
by a current statement of the examining physician describing the injuries sustained,
the extent of recovery from those injuries, and permanency of any injuries. The
application shall state what additional consideration, if any, is being paid to persons
other than the ward as a result of the incident causing the injury to the ward. The
application shall state what arrangement, if any, has been made with respect to
counsel fees. Counsel fees shall be subject to approval by the court.
RULE 70
SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL CLAIMS
(A)
An application to approve settlement and Distribution of Wrongful
Death and Survival Claims (Standard Probate Form 14.0) shall contain a statement
of facts, including the amount to be allocated to the settlement of the claim and the
amount, if any, to be allocated to the settlement of the survival claim. The
application shall include the proposed distribution of the net proceeds allocated to
the wrongful death claims.
(B)
The fiduciary shall give written notice of the hearing and a copy of the
application to all interested persons who have not waived notice of the hearing.
Notwithstanding the waivers and consents of the interested persons, the court shall
retain jurisdiction over the settlement, allocation and distribution of the claims.
(C)
The application shall state what arrangements, if any, have been made
with respect to counsel fees. Counsel fees shall be subject to approval by the court.
RULE 71
COUNSEL FEES
(A)
Attorney fees in all matters shall be governed by Rule 1.5 of the Ohio
Rules of Professional Conduct.
(B)
Attorney fees for the administration of estates shall not be paid until
the final account is prepared for filing unless otherwise approved by the court upon
application and for good cause shown.
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