In re Estate of Fetters
2016 Ohio 8232
| Ohio Ct. App. | 2016Background
- Decedent John Allen Fetters died testate; estate initially valued at about $1,045,383, later amended to $968,276.37 after removing a transferable-on-death bank account.
- Executor Jeffrey Fetters (appellee) hired attorney James A. Kiger (appellant) to administer the estate in 2015.
- Kiger billed 77.25 hours at $275/hour and, after applying local guideline reductions, requested $21,000 in attorney fees, submitting an itemized time log in 15-minute increments.
- At a probate hearing, Kiger, Fetters, and another probate attorney (Jackman) testified regarding the services, reasonableness of hours, and customary rates.
- The probate court found many billed tasks clerical, unnecessary, or inefficient (e.g., personally attending appraisal, excessive time drafting a simple inventory) and reduced the award to $7,356.25 (26.75 hours at $275).
- Kiger appealed, arguing he presented sufficient evidence of services and reasonableness under Prof.Cond.R. 1.5 and that the probate court improperly substituted its own time expectations.
Issues
| Issue | Kiger's Argument | Fetters/Probate Court's Argument | Held |
|---|---|---|---|
| Whether the probate court abused its discretion by reducing Kiger’s requested $21,000 fee | Kiger: He presented itemized time/description and evidence of reasonable value; applied county guideline and reduced the guideline amount; fees comply with Prof.Cond.R.1.5 | Court: Many entries were clerical, unnecessary to estate administration, or inefficiently performed; guideline is advisory but not controlling; court must exclude unreasonable time | No abuse of discretion; reduction to $7,356.25 upheld |
| Whether billed clerical tasks may be charged at attorney hourly rate | Kiger: Time entries reflect attorney work and are legitimate charges | Court: Clerical tasks are not compensable at attorney rates and must be excluded or reduced | Court excluded/reduced such charges as unreasonable |
| Whether unique services (e.g., attending appraisal, personal tax advice) justified the billed time | Kiger: Personal attendance and additional advice were necessary and part of his custom of practice | Court: These services were unnecessary to administer the estate or provided no benefit to the estate, so not compensable | Court disallowed or reduced those charges |
| Proper standard for reviewing fee reasonableness | Kiger: Reliance on county guideline and his experience; billed time is reasonable | Court: Prof.Cond.R.1.5 factors control; guideline is advisory; burden on attorney to prove services and reasonable value; court may adjust hours and exclude unreasonable entries | Court applied Prof.Cond.R.1.5 factors and supported its reductions |
Key Cases Cited
- Demo v. Demo, 101 Ohio App.3d 383 (12th Dist. 1995) (standard for appellate review of fee awards and considerations for reasonableness)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- In re Verbeck's Estate, 173 Ohio St. 557 (Ohio 1962) (attorney bears burden to introduce sufficient evidence of services performed and their reasonable value)