Florida Guardianship Lawyer Fees: what does the record support? March 31, 2015 appeals case

Trying to “fight” the Florida guardian’s lawyers on his or her attorneys fees for the Florida guardianship under the Florida Guardianship Code or what others simply refer to as the Florida Probate Code?  Do you know what is required for a successful fee hearing on probate attorneys fees in aPalm Beach Guardianship case?  Consider reading this March 31, 2015 Florida guardianship case on guardian lawyer fees which went to Florida’s appeals court, the 1st District Court of Appeal.

Does the guardian’s lawyers get paid to defend the guardian from a a “legal attack?”

•  What if an “interested person” in the Delray Beach guardianship case is harassing theguardian appointed by the Probate Judge?
• Should the guardian’s probate litigator defend her?
• Can the guardian’s lawyer get paid for that time from the guardianship account?

How do you appeal a guardianship order Palm Beach on lawyer fees?

• A lawyer for a Florida guardian filed an appeal of a Guardianship order awarding theprobate lawyer , or guardian’s lawyer, only a portion of the attorneys fees she requested for work done for the guardian
• What was the legal work done for the guardian?
• To address as series of allegations against the guardian.
• Hmm…….. someone didn’t like the Florida guardian and so they filed allegations against the guardian, but, evidently, the guardian was NOT removed as the guardian.
• The allegations against the Florida guardian?
• “Almost entirely specious” according to the Florida Guardianship Court

Can a Florida appeals court overturn a guardianship court’s order on guardian lawyer fees?

• Yes
• In this recent case out of Florida’s 1st District Court of Appeal, the appeals court, in reversing the guardianship order on lawyer fees, was “constrained” to overturn the guardianship order
• Why?
• Because the guardianship court record does not support the trial court’s determination that the work done by the probate lawyer for the guardian was “massive overkill“
• Sounds like the guardianship judge in Florida thought the guardian’s lawyer charged too much or maybe did too much work defending the Florida guardian?
• And then the guardianship court Florida cut the fees for the guardian’s lawyer
• Sounds like the Florida appeals court also felt the same…maybe….maybe not….

7 things you need to know about Florida guardianship hearings on guardian lawyer fees

1. Get a court reporter
2. Be prepared
3. Cite a statute
4. Have your detailed time sheets and invoices
5. Introduce evidence by getting the invoices into the record and testifying
6. Remember: the probate court must decide the guardian attorney fee issue on evidence: what’s in the probate court record?  Not subjective thoughts about what may be reasonable under the circumstances.
7. The guardian lawyer’s rate , hourly rate, can only be reduced by the record.

Consider reading Lois B. Lepp, P.A. v. Blue (Guardianship of Earl L. Black), 40 Florida Law Weekly D 767. 1D14-2652