ISBA Ethics Opinion 13-01: Attorneys fees and representatives of a decedent's estate
The digest for ISBA's first ethics opinion of the calendar year, approved in January and designated number 13-01, reads as follows: "It is not ethically permissible for a lawyer for a representative of a decedent’s estate to enter into a fee agreement, or to collect a fee, for an amount in excess of the amount of fees allowed by a probate court as reasonable."
In the May ISBA Trusts and Estates newsletter, Thomas Bransfield and Darrell Dies call the opinion a "must read." They take issue with its conclusion, however. "Unfortunately, the Opinion rendered by the Committee condemns attorneys from seeking payment of any 'disallowed portion' of a fee petition, even if the fee is reasonable and the client is willing to pay," they write. "This prohibition conflicts with the Probate Act that entitles attorneys to be paid reasonable compensation for services." Here's their analysis.