Instructions
M Civ JI 180.01 Attorney Fees—Defining Legal Names of Parties and Counsel
M Civ JI 180.02 Attorney Fees—Explanation of Statute
M Civ JI 180.03 Attorney Fees—Reasonable Value of Legal Services
This is a proceeding to resolve a dispute over a legal fee. The person requesting legal fees is called the petitioner. The petitioner is [State name and indicate where seated.]. The attorney for the petitioner is [State attorney’s name and indicate where seated.]. The person who objects to the requested legal fee is called the objector. The objector is [State name and indicate where seated.]. The attorney for the objector is [State attorney’s name and indicate where seated. If any other persons are at the counsel table, identify them and describe their function.].
Note on Use
In attorney fee contest cases, this instruction should be substituted for M Civ JI 1.02.
History
M Civ JI 180.01 was added October 1986. TOP
The law provides that a [title of fiduciary] may employ [an attorney / a law firm] to perform necessary legal services on behalf of the estate and that the [attorney / law firm] shall receive reasonable compensation for the legal services.
The petitioner must show that:
- the [attorney / law firm] performed necessary legal services on behalf of the estate, and
- the amount requested is reasonable.
*(In this case the only issue is whether [Select a or b above.].)
Note on Use
*This sentence should be read when there is only one issue.
Comment
An attorney may be employed by a personal representative under a will or a trustee and shall receive reasonable compensation. MCL 700.3715(w) (personal representatives), and MCL 700.7817(w) (trustees). See also MCR 5.313, Compensation of Attorneys.
Cases on the issue of whether services were performed on behalf of the estate inlcude In re Baldwin’s Estate, 311 Mich 288; 18 NW2d 827 (1945); Marx v McMorran, 136 Mich 406; 99 NW 396 (1904) (attorney fees allowed); and In re Davis’ Estate, 312 Mich 258; 20 NW2d 181 (1945) (attorney fees disallowed).
History
M Civ JI 180.02 was added October 1986. TOP
Attorney fees can vary according to many factors. No one factor is controlling. In determining reasonable value of the legal services, you should consider the following:
- The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly.
- The fee customarily charged in the locality for similar legal services.
- The experience, reputation, and ability of the [attorney / attorneys] performing the services.
- The benefit of the services to the estate.
- *(The amount involved and the results obtained. The attorney should not be deprived of reasonable compensation if the result obtained was not what the client sought. If the attorney properly rendered services, [he / she] should be reasonably compensated.)
- *(The nature and length of the professional relationship with [name of client].)
- *(The time limitations imposed by [name of client] or by the circumstances.)
- *(The likelihood, if apparent to [name of client], that the acceptance of the particular employment would preclude other employment by the attorney.)
- *(Any fee agreement between the attorney and [name of client].)
- *(The expenses that have been incurred by the attorney.)
- *(The adverse or uncooperative attitude of the [creditors / beneficiaries / others].)
- *(Any extensive litigation involving the estate.)
- *([other factors].)
Your verdict is to be in the amount of the total attorney fee. †(The court will deduct from your verdict any amount that has already been paid.)
Note on Use
*These sections are to be used only if applicable.
†This sentence should be read only if applicable.
Comment
In re Estate of Weaver, 119 Mich App 796; 327 NW2d 366 (1982); In re Weiss’ Estate, 315 Mich 276; 24 NW2d 123 (1946); In re Ruel’s Estate, 308 Mich 692; 14 NW2d 541 (1944); Becht v Miller, 279 Mich 629; 273 NW 294 (1937); see also Code of Professional Responsibility DR 2-106(B).
Michigan cases that discuss specific factors used to determine reasonable value of legal services include:
- Result obtained not as desired: Crary v Goldsmith, 322 Mich 418; 34 NW2d 28 (1948); Babbitt v Bumpus, 73 Mich 331; 41 NW 417 (1889).
- Expenses incurred: Crawley v Schick, 48 Mich App 728; 211 NW2d 217 (1973); Crary; Reichert v Metropolitan Trust Co, 266 Mich 322; 253 NW 313 (1934).
- Benefit of services to the estate: Crawley; Reichert
- Adverse or uncooperative attitude of interested parties: In re Finn’s Estate, 281 Mich 478; 275 NW 215 (1937).
- Extensive litigation: In re Svitojus’ Estate, 307 Mich 491; 12 NW2d 324 (1943); McGraw v Township of Lake, 266 Mich 38; 253 NW 207 (1934).
History
M Civ JI 180.03 was added October 1986. TOP