Loading…
Chapter 11 (Rules 11.1 to 11.6): attorneys' fees in guardianship and conservatorship proceedings by the work actually performed, with a detailed statement (11.1); fees for extraordinary services in probate cases - the situations, the application's contents and payment ordinarily after the final accounting (11.2); the factors for fees of guardians and conservators (11.3); no fees or commissions before a court order (11.4); the default fee schedule - 25% of the first $1,000 ($300 minimum), then 20%, 15%, 10%, 5%, 2% and 2% of the next amounts (11.5); and unlawful detainer fees of $350 by default, $400 uncontested and $500 contested at trial (11.6).
California > First Appellate District > Lake County > Superior Court of California, County of Lake
CHAPTER 11 FEES OF ATTORNEYS AND FIDUCIARIES 11.1 Attorneys' Fees in Guardianship and Conservatorship Proceedings (eff. 6/30/91) Attorneys for guardians and conservators are compensated according to the work actually performed. The size of the estate corpus and the responsibility assumed by the attorney are only two of the factors considered in arriving at the value of the services. Application for attorney's fees must be accompanied by a complete statement of the facts upon which the application is based, including a detailed statement of the amount of time devoted to each component of the services, and must specify the amount requested for each item of service, not merely reasonable fees. (eff. 6/30/91) 11.2 Attorneys' Fees and Representatives' Fees for Extraordinary Services in Probate Cases (eff. 6/30/91) A. In evaluating the justification for an award of fees for extraordinary services of an attorney or representative, the court will take into consideration the statutory fee and the extent to which it constitutes adequate compensation for all of the services rendered by the attorney or representative. B. Subject to the principle stated in the foregoing paragraph A, compensation for extraordinary services will be considered in the following situations: 1. Litigation on behalf of the estate. 2. Operating or selling a business. 3. Sales of estate property. 4. Performance of any act resulting in extraordinary benefit to the estate or requiring an extraordinary expenditure of time or display of competence. C. Application for fees for extraordinary services will not be considered unless the title of the petition and the notice of hearing include a reference to the request. The prayer shall set forth the amount of the request. D. An application for compensation for extraordinary services shall specify, with respect to such services: 1. The date rendered. 2. Nature of services rendered, in detail. 3. Hours spent on ordinary services. 4. Hours spent on extraordinary services. 5. Hourly rate. 6. Total amount requested. E. Ordinarily compensation for extraordinary services will not be allowed or paid before the final accounting has been approved by the court. (eff. 6/30/91) 11.3 Fees of Guardians and Conservators (eff. 6/30/91) Among factors to be considered in determining the compensation allowable to guardians and conservators are: A. The gross value and income of the estate; B. The success or failure of administration of the guardian or conservator; C. Any unusual skill or experience which the guardian or conservator in question may have brought to his work; D. The fidelity or disloyalty displayed by the guardian or conservator; E. The amount of risk and responsibility assumed by the guardian or conservator in carrying out the duties; F. The time consumed by the guardian or conservator in carrying out the duties; G. The custom in the community as to charges exacted by trust companies and banks; H. The character of the work done in the course of administration, whether routine or involving skill and judgment; and I. The value to the ward or conservatee of the services of the guardian or conservator. (See Estate of Nazro (1971) 15 Cal.App.3d 218). (eff. 6/30/91) 11.4 Fees and Commissions Must be Fixed by Court Prior to Payment (eff. 6/30/91) There is no authority for the payment of any fees or commissions in decedent's estates, guardianships or conservatorships in advance of a court order authorizing the same. The recipient of any unauthorized payment will be surcharged interest to the date of an order authorizing such payment, unless in the case of decedent's estates, the written consent of the residuary beneficiaries is filed with the court and the amounts paid are reasonable and proper. (eff. 6/30/91) 11.5 Default Cases (Effective 7/1/1993 revised 1/1/2009) The court adopts the following as its general fee schedule for default matters. Counsel may request a greater amount by setting forth in affidavit form the amount requested along with justification for the increase. (Effective 7/1/1993 revised 1/1/2009) 25% of the first $ 1,000 ($300 minimum) 20% of the next $ 4,000 15% of the next $ 4,000 10% of the next $ 10,000 5% of the next $ 30,000 2% of the next $ 50,000 2% of the next $ 100,000 (Effective 7/1/1993 revised 1/1/2009) 11.6 Unlawful Detainer Cases (eff. 7/1/93, amd. 1/1/2009) The presumed reasonable fee for a default unlawful detainer case is $350. If an answer has been filed, but is uncontested at trial the fee will be $400. If an answer has been filed and the case is contested at trial the fee will be $500. Counsel may, by affidavit, request additional attorney fees. (eff. 7/1/93, amd. 1/1/2009)
CHAPTER 11 FEES OF ATTORNEYS AND FIDUCIARIES 11.1 Attorneys' Fees in Guardianship and Conservatorship Proceedings (eff. 6/30/91) Attorneys for guardians and conservators are compensated according to the work actually performed. The size of the estate corpus and the responsibility assumed by the attorney are only two of the factors considered in arriving at the value of the services. Application fo
Reviewer note: Composed 2026-10-10 (California T4 Lake build 2026-10-10) from BenchPath custody ca/t4/ca-lake/docs/local-rules/local-rules-january-2026_v2.pdf (the court's rule book, its cover “SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF LAKE LOCAL RULES Effective 1/1/2026”, as fetched 2026-10-10; 852364 bytes, sha256 060a39793172b99fb99a1f839efb8fee0755a6d5c8c03d52d407d1d536399e9d; 69 pages) with the shared verbatim composer (v2 reflow): the rule body (PDF pages 9 to 68; the chapters run on without page breaks) composed once and cut at the twenty chapter headings (“CHAPTER 1 ADOPTION AND APPLICABILITY OF RULES” to “CHAPTER 20 ELECTRONIC FILING”), the chapters reassembling the body exactly: each page's running header (“Superior Court, County of Lake”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; Rule 5.8's ruled table (Case Plan Disposition Time Standards and Court Events, pages 29 and 30) read cell by cell by the table finder; no struck run on any of the 69 pages (review/strike-report-2026-10-10.txt); 22 whitespace-only fixes (build/book-fixes.json: Rule 5.8's table cells' lettered items and paragraphs set on their own lines (10); Rule 8.6's plans and its item 3 (3); Rule 3.13's history note (1); Rule 11.5's default fee schedule set row by row (1); the subheadings of Rules 3.5 (at a page break) and 4.10(c) set on their own lines (2); Rule 5.9's form number FL-105 and the word “denial” its Rule 5.9(E) prints across three lines set whole (2); and the sentences of Rules 9.4, 10.3 and 5.4(B) rejoined where the composition broke them before an inline item, a dash and a capitalized word (3)) and 1 same-character fix (build/book-captions.json: Rule 16.3(B)'s list of remote proceeding calendars, printed in two columns, set group by group); the vertical-gap, short-line, page-break, bold-line, row and false-break audits find no other; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the three local forms the book prints (LK-108, LKSC-420 and LK-117) and the index belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.