TRIAL BY CHECKLIST: ATTORNEY’S FEES IN AN ESTATE
March 16, 2011 § 15 Comments
A practice tip about trial factors is here.
I previously posted here about what it takes to comply with the UCCR to document your claim for attorney’s fees in an estate.
Ordinarily, attorney’s fees claims are governed by the factors in McKee v. McKee, but in an estate, the factors are slightly, but significantly, different.
In estate matters, the proper factors to consider in determining reasonable attorney’s fees are:
- The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
- The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
- The fee customarily charged in the locality for similar legal services;
- The amount involved and the results obtained;
- The time limitation imposed by the client or by the circumstances;
- The nature and length of the professional relationship with the client;
- The experience, reputation and ability of the lawyer or lawyers performing the services; and
- Whether the fee is fixed or contingent.
In re Estate of Johnson v. Moore, 735 So. 2d 231, 237 (¶27) (Miss. 1999) (quoting Moreland v. Riley, 716 So. 2d 1057, 1062 (¶16) (Miss. 1998)).
In the case of Catchings v. Estate of McCullough, decided March 15, 2011, the COA reviewed a chancellor’s decision that reduced attorney’s fees in an estate. The attorney claimed $88,000 in fees in connection with a $300,000 estate, but the chancellor found that the amount of work done did not warrant that amount of fees and reduced the fee award to $36,000, based on application of the Johnson factors stated above. The COA found no abuse of discretion and upheld the chancellor’s determination.
If you have an exceptionally large claim for attorney’s fees in an estate, it would be a good idea to attach your and a fiduciary’s affidavit itemizing the time spent and addressin each of the Johnson factors.
The Better Chancery Practice Blog 
[…] There are factors that the court must consider in determining whether and how much to award for atto…. In addition to those, I especially take into account: how diligent was the attorney in doing all that was necessary to close the estate in a reasonable time; how timely were the inventory and accountings; how responsible was the fiduciary; how timely were publications and how correct were they; and how much did the attorney’s diligence or lack thereof save or cost the estate, guardianship, or conservatorship. […]
[…] Attorney’s fees in an estate. […]
[…] Attorney’s fees in an estate. […]
[…] Attorney’s fees in an estate. […]
[…] you want to get paid. Here’s what you need to prove to get an award of an attorney’s fee in a probate […]
i wish you would discuss the long v. mckinney case and those thereafter which state that wrongful death damages are NOT part of the estate;that the only damages of the estate are medical and funeral bills;therefore, chancery court approval is unnecessary unless minors are involved.
Long v. McKinney is something I thought about mentioning here, but how could I summarize it any better than what you did in youor comment?
just about every month, i receive comments or opinions that are wrong on this subject. im out of the office,so i cant give you any citations to the cases. a full explanation of the cases and their meaning and reasoning would help both the lawyers and judges of ms to better understand these new cases.
[…] Attorney’s fees in an estate. […]
[…] Attorney’s fees in an estate. […]
[…] The factors that the court must consider in determining what is a reasonable attorney’s fee in an estate or probate matter are discussed in this earlier post. […]
[…] Attorney’s fees in an estate. […]
[…] I’ve talked about the best ways to approach attorney’s fees here and here. And fees in an estate matter are covered here and here. […]
[…] you want to get paid. Here’s what you need to prove to get an award of an attorney’s fee in a probate […]
[…] Attorney’s fees in an estate. […]