M Civ JI 180.03 Attorney Fees - Reasonable Value of Legal Services

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:

(a) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly.

(b) The fee customarily charged in the locality for similar legal services.

(c) The experience, reputation, and ability of the [ attorney / attorneys ] performing the services.

(d) The benefit of the services to the estate.

(e) *(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.)

(f) *(The nature and length of the professional relationship with [ name of client ].)

(g) *(The time limitations imposed by [ name of client ] or by the circumstances.)

(h) *(The likelihood, if apparent to [ name of client ], that the acceptance of the particular employment would preclude other employment by the attorney.)

(i) *(Any fee agreement between the attorney and [ name of client ].)

(j) *(The expenses that have been incurred by the attorney.)

(k) *(The adverse or uncooperative attitude of the [ creditors / beneficiaries / others ].)

(l) *(Any extensive litigation involving the estate.)

(m) *([ 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:

a. 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).

b. 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).

c. Benefit of services to the estate: Crawley; Reichert.

d. Adverse or uncooperative attitude of interested parties: In re Finn’s Estate, 281 Mich 478; 275 NW 215 (1937).

e. 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.​