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Probate Court Administrative Order 2022-5 (Standards for Ad Litem and Attorney Fee Invoices) — Galveston County. The operative requirements are quoted verbatim from the governing document (registered/posted 01/01/2023); the document in custody is the controlling text.
Texas > Galveston County > Probate Court
PROBATE COURT OF GALVESTON COUNTY, TEXAS ADMINISTRATION ORDER 2022-5 IT IS ORDERED that the Probate Court of Galveston County hereby adopts the attached standards (Exhibit "A") for Court approval of invoices submitted for payment of ad litem fees and attorney fees in dependent probate and guardianship cases. … This order shall replace Admin Order 2007-07. … Years of Practicing Probate And Guardianship Law 0-2 years 3-5 years 6- 10 years 11 +years Court Approved Rate Up to $165/hour $165- $195/hour $195 - $250/hour $250 - $350/hour In determining how lawyers will be paid within the practice categories above, the Court will consider the extent of the lawyer's experience in the area of law involved as well as Board Certification in Probate and Estate Planning. … The Court must heed Galveston County budgetary considerations. … Fees when an Attorney is also the Fiduciary In those rare situations in which a Court appoints an attorney as a fiduciary in a guardianship or an administration, the attorney normally must elect either to seek payment calculated on the statutory probate or guardianship commission formula or to obtain reimbursement for attorney's fees. … To be entitled to dual compensation, the attorney fiduciary must adhere to the following guidelines; … There must be full disclosure of the attorney-fiduciary's request for dual compensation at the time of appointment or upon motion and hearing if the request for dual compensation is made after appointment. … If the request is after the time of appointment, notice of the motion and hearing shall be given to all interested parties who have made an appearance in the case. … The attorney-fiduciary must keep meticulous time and expense records, carefully segregating legal and non-legal work. … Under Texas law, an attorney- fiduciary must seek only fiduciary compensation for guardian or personal representative services and may seek attorney's fees only for legal services. … Attorney-fiduciaries will not be paid attorney's fees for fiduciary services. … If an attorney-fiduciary is submitting an application for higher compensation because the statutory compensation formula is unreasonably low, this must be set for a hearing with the Court. … The Court must find that a hardship exists for the attorney-fiduciary to be paid quarterly. … Travel outside the county must be approved by the Court prior to travel/departure. … Copies made by the Clerk's office will be reimbursed at the rate charged by the Clerk. … Likewise, show-cause hearings fall within this exception, and the attorney or the client will be responsible for all costs associated with attendance at the hearing, including service and filing fees assessed by the Clerk. … Any time an attorney is making application for his or her fees to the Court, an invoice itemizing the time and expenses is required, even when the estate is solvent and the fee amount is agreed upon by all parties. … When Hearing on Fee Application is Required The Court holds all attorney-fee applications for 10 days to give other parties an opportunity to file objections to those applications. … As explained in Paragraphs I.C.1 and I.C.3 herein, a hearing is required if an attorney-fiduciary is seeking dual compensation after appointment or more than the statutory formula for compensation as a fiduciary. … By understanding how the Court evaluates fee petitions, attorneys will be better able to comply with Court standards, reducing the need for consultations between attorneys and Court personnel regarding problems with specific petitions. ii The factors to be considered in determining the reasonableness of attorney's fees are set forth in Rule 1.04 of the Texas Rules of Professional Conduct. … Even though the Court is cognizant that Court authority must be obtained for the approval of fee petitions in certain circumstances, the Court believes that the estate of a decedent or ward should not be taxed with the attorney's billing costs. viii The Courts staff is a vital source of information and assistance to the legal community.
Reviewer note: Operative mandatory-language provisions quoted verbatim from the registered document; the full document (sha256 d99f5eed6dd6…) is the controlling text.
Tenth (10th) Court of Appeals — Standing Order No. 1, as registered in the statewide TOPICs local-rules registry (posted 01/01/2023). The operative requirements are quoted verbatim; the registered document is the controlling text.
Tenth (10th) Court of Appeals — Standing Order No. 2, as registered in the statewide TOPICs local-rules registry (posted 01/01/2023). The operative requirements are quoted verbatim; the registered document is the controlling text.