Computation Of Attorney Fees Form Page 34
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60(iii) A computation of attorney fees pursuant to Appendix A is attached to the
account. Appendix A is merely a guideline and shall not be used by the
attorney to receive fees that would be unreasonable under the Rules of
Professional Conduct or the Rules of Superintendence.
(b) If an application for payment of attorney fees on a final account is signed by
the fiduciary and contains an itemized description of the legal services
provided, the Court may approve the application without a hearing.
(3)
If Appendix A is used to compute attorney fees, no fees shall be allowed on funds
advanced to the estate.
(B)
Guardianships and Trusts
No hearing shall be required upon an application for attorney fees if all of the following
apply:
(1)
The application is signed by the fiduciary.
(2)
The application contains an itemized statement of the legal services provided with
the hourly rate charged.
(3)
The order approving payment of the fees contains a statement that a credit for
payment of the fees may be taken in the next accounting.
(C)
Settlement of Wrongful Death Claims
(1)
A contingent fee agreement that does not exceed 33 1/3% of recovery in personal
injury matters, 40% if an appeal is taken in personal injury matters, or 40% in a
medical malpractice action may be approved by the Court at the settlement hearing
without prior approval by the Court.
(2)
If the contingent fee agreement exceeds these guidelines, prior approval must be
obtained from the Court before the fiduciary may enter into the contract or fee
agreement.
(3)
In all cases, the Court shall review the reasonableness of fees and costs at the
settlement hearing. The foregoing standards shall apply in cases governed by Local
Rules 68.1 and 70.1.
(D)
Court Appointed Attorney Fees in Guardianships
(1)
Appointed counsel for an indigent ward or alleged ward shall be compensated for
services provided, at a rate determined by the Court, upon submission of an
application for payment that sets forth the date, nature of the services provided, and
time expended.
(2)
Appointed counsel for a non-indigent ward or alleged ward shall be compensated
for services provided, at an approved reasonable hourly rate, upon submission of an
application for payment that sets forth the date, nature of services provided, and
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