M Civ JI 180.02 Attorney Fees - Explanation of Statute

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:

(a) the [ attorney / law firm ] performed necessary legal services on behalf of the estate, and

(b) 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(1)(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 include 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.​