Petition for Attorney's Fees
GC-080). The following is outstanding and must be submitted: Proof of Illinois Court Guardianship Proceedings. The Court ordered the Guardian to file proof of either establishment of a guardianship in Illinois, or proof that proceedings have been initiated in Illinois. Neither proof is on file.
Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 160 047 8568 Passcode: 9258167
Tentative Ruling: Conservatorship of Harry Leonard Keiffer Tentative Ruling: Conservatorship of Harry Leonard Keiffer Case Number
Case Type Conservatorship Hearing Date / Time Wed, 10/25/2023 - 08:30 Nature of Proceedings Petition for Attorney's Fees Tentative Ruling Probate Notes: Appearances required.
The following is noted for the Court: Attorney's fees must be reviewed for reasonableness. (Prob. Code, Sec.2640(c).) Generally, an appropriate fee petition will contain a summary of the total hours, the proposed hourly rate, and the amount of compensation sought. The petition must be accompanied by a detailed description of each service, the date, duration, rate, and total charges. Cal Rules of Ct 7.702, 7.751(b).
If compensation is requested for legal services performed by a paralegal, the petition must state that such services were performed under the direction and supervision of an attorney and must set forth the hours spent and services performed by the paralegal. (Prob. Code, Sec. 2640(c).) In determining the appropriateness of the charge, the court must consider the best interest of the conservatee, not the interest of beneficiaries of the estate, in awarding compensation to the conservator and the conservator's attorney. Cal Rules of Ct 7.702, 7.751(b).
In this case, the billing statement submitted by conservatee's attorney contains cursory descriptions of work performed that do not provide enough information for the Court to rely upon in order to make a determination that the work performed was necessary, or the fee charged was reasonable. Thus, the Court has two options:
OPTION 1: Decrease the fee award to $6,036.583 (roughly 30%) for all billing entries that are arguably unreasonable due to the lack of detail in the description of the work performed.
OPTION 2: Order petitioner to resubmit her billing statement with descriptions of the work performed that are detailed enough to determine whether the work performed was necessary, and whether the fee charged was reasonable.
Tentative Ruling: Matter of the Terrones Family trust Tentative Ruling: Matter of the Terrones Family trust Case Number
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