ADA
local probate rule 20

PROBATE RULE 20 ATTORNEY FEE DISPUTES

The following process shall govern disputes as to attorney fees:

A. Parties to attorney fee disputes shall meet-and-confer at the outset of the dispute.

B. Parties ordered to meet-and-confer shall attempt to identify factual and legal issues that are undisputed and subject to possible stipulation; the material factual and legal issues of dispute; and, the likelihood of the dispute being resolved through settlement or alternative dispute resolution.

C. Attorney fee disputes will generally be resolved on the pleadings and declarations.

D. Although encouraged to pursue informal discovery, parties to attorney fee disputes are not entitled to formal discovery or an evidentiary hearing in the absence of a showing of good cause.

E. Formal written settlement offers may be factored into the Court’s determination of whether attorney fees incurred after a formal settlement offer were reasonably expended.

F. Attorney fees expended in support of a fee petition may be adjusted downward or rejected when the fees awarded by the Court are substantially less than the amount originally requested.

(Eff. 01/01/14)

 




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