Councel Fees
LOCAL RULE 71.1. Counsel Fees
The allowance of counsel fees as part of the expense for administering a decedent’s estate, trust, adoption, guardianship or any matter before the Court shall be based upon the actual services performed by the attorney and the reasonable value of services. The factors set forth in Rule 1.5 of the Ohio Rules of Professional Conduct shall be considered.
LOCAL RULE 71.2. Application for Estate Fees
Counsel may be paid legal fees pursuant to the Court computation of attorney fee schedule. The schedule shall apply to all decedent estates, including an estate relief from administration. The Court suggests a minimum fee of $500.00 for all estates. The Court may adjust any counsel fee as equity so requires.
In the alternative Counsel may file an application for fees based upon an itemized statement of services rendered. Counsel may also file for a partial application for fees setting forth the reason for the request for a partial payment.
LOCAL RULE 71.3. Application for Fees for Non-Estate Cases
All other applications for the allowance of counsel fees shall set forth an itemized statement of the services performed by counsel, the date of said services, the time involved in rendering said services and the rate charged per hour.
LOCAL RULE 71.4. Paralegals
In all applications for fees, counsel shall include a separate itemization of services rendered by paralegals or other professionals who are not lawyers.
LOCAL RULE 71.5. Consent to Fees
If all the interested parties of a proceeding consent to the application for counsel fees, the Court shall approve the same, unless the Court determines, in its sole discretion, that same fees are unreasonable or require adjustment.
LOCAL RULE 71.6. Counsel Serving as Fiduciary of Estate
In the event an attorney serves as fiduciary of an estate, the attorney shall receive the full fiduciary commission as determined in accordance with Revised Code Section 2113.35 and one-half (1/2) the permissible attorney fee pursuant to the Court’s attorney fee computation schedule, unless the Court determines that same fees are unreasonable or require adjustment.
LOCAL RULE 71.7. Contingency Fee Agreement
Prior to a fiduciary entering into a contingent fee contract with an attorney for legal services, an application for authority to enter into the contract shall be filed with and approved by the Court. In the event a decedent entered into a contingency fee agreement prior to the death of the decedent, said agreement shall be filed with the Court and the terms of said agreement shall be binding upon the fiduciary of the estate unless the Court determines that the proposed fees are unreasonable.