F. Kim Bailey v. Kerry Bailey
153 Idaho 526
Idaho2012Background
- Estate of Carol Bailey and Francis Andrew Bailey; Kim Bailey, personal representative, sought attorney fees under Idaho Code § 15-3-720 from estate funds after long probate-related litigation.
- Attorney fee contract provided non-hourly basis; no time records kept by attorney.
- Magistrate court required an accounting with time records to determine reasonableness under Rule 54(e)(3).
- Bailey could not provide time records and requested fees based on contract; beneficiaries challenged lack of timekeeping.
- District court affirmed magistrate’s denial of fees; Bailey appealed challenging the need for time records and Rule 54(e)(3) application.
- Court ultimately affirmed district court, holding time records or adequate equivalent information are required to determine reasonableness under Rule 54(e)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 54(e)(3) requires time records to set reasonable fees | Bailey – contract controls; no time records needed | Beneficiaries – Rule 54(e)(3) requires time/labor information | Yes, time information required to determine reasonableness |
| Whether contract-based non-hourly fee defeats §15-3-720 reasonableness review | Bailey – contract controls; 54(e) not applicable | Beneficiaries – statute requires evaluation under Rule 54(e)(3) | No; must apply Rule 54(e)(3) factors with information |
| Whether any party is entitled to fees on appeal | Bailey – entitlement if prevailing | Beneficiaries – no frivolous appeal evidence | Neither party awarded on appeal; costs only for Beneficiaries |
Key Cases Cited
- Lettunich v. Lettunich, 141 Idaho 425 (2005) (mandatory Rule 54(e)(3) consideration of factors)
- Sun Valley Potato Growers, Inc. v. Texas Refinery Corp., 139 Idaho 761 (2004) (court must consider all 54(e)(3) factors to determine fees)
- Parsons v. Mut. of Enumclaw Ins. Co., 143 Idaho 743 (2007) (time estimates acceptable when no exact time records exist)
- Hackett v. Streeter, 109 Idaho 261 (Ct. App. 1985) (time sheets may be required to determine value of time spent)
- Frazee v. Frazee, 104 Idaho 463 (1983) (fees cannot be presumed reasonable without showing reasonableness)