Computation Form Of Attorney Fees Page 17
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26(C)
Attorney fees may be allowed if there is a written application that sets
forth the amount requested and will be awarded only after proper hearing, unless
otherwise modified by local rule.
(D)
The court may set a hearing on any application for allowance of
attorney fees regardless of the fact that the required consents of the beneficiaries
have been given.
(E)
Except for good cause shown, attorney fees shall not be allowed to
attorneys representing fiduciaries who are delinquent in filing the accounts
required by section 2109.30 of the Revised Code.
(F)
If a hearing is scheduled on an application for the allowance of
attorney fees, notice shall be given to all parties affected by the payment of fees,
unless otherwise ordered by the court.
(G)
An application shall be filed for the allowance of counsel fees for
services rendered to a guardian, trustee, or other fiduciary. The application may be
filed by the fiduciary or attorney. The application shall set forth a statement of the
services rendered and the amount claimed in conformity with division (A) of this
rule.
(H)
There shall be no minimum or maximum fees that automatically will
be approved by the court.
(I)
Prior to a fiduciary entering into a contingent fee contract with an
attorney for services, an application for authority to enter into the fee contract shall
be filed with the court, unless otherwise ordered by local court rule. The contingent
fee on the amount obtained shall be subject to approval by the court.
RULE 71.1
LOCAL RULE FOR COUNCEL FEES
(A)
Counsel fees shall be agreed upon between the executor or
administrator and the attorney of his/her choosing. Counsel fees may be set forth in
a written agreement between the executor or administrator and filed with court. In
the event that no agreement is filed with the court, then the schedule in appendix A
shall be considered. As reasonable and the court will approve the same provided the
counsel fees do not exceed the fees as calculated by appendix A and if the calculation
of the fees is signed by all executors or administrators. If the fees exceed exhibit A,
then a separate attorney fee agreement must be filed and signed by all fiduciaries. If
the executor and administrator is also the attorney for the estate or within the same
law firm the court will not accept an agreement for counsel fess exceeding appendix
A without a hearing.
(B)
Counsel fees for the administration of a decedent’s estate as set forth
in appendix A and form A1 attached hereto, may serve as a guide in determining
fees to be charged to the estate for legal services of an ordinary nature rendered as
attorney for the executor or administrator in the complete administration of a
decedent’s estate. Such schedules, however, are not to be considered as schedules
of minimum or maximum fees to be charged.
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