In Re Vivian N. Brown, Rosenau LLP
In Re Vivian N. Brown, Rosenau LLP
Opinion
This is an appeal from the April 7, 2016, denial of Rosenau LLP's Consent Motion for Reconsideration and/or to Alter Judgment in relation to its petition for attorney's fees under Super. Ct. Prob. R. 308(a), (b)(1), and pursuant to
*167 I. Facts
Rosenau LLP represented Jennifer Brown, the daughter of Vivian N. Brown, in her successful attempt to be appointed her mother's guardian. In 2015, Rosenau LLP petitioned the court under Super. Ct. Prob. R. 308 and
The firm subsequently filed an amended petition in which it lowered the amount requested, corrected the double billing, and "earnest[ly] attempt[ed]" to separate unrelated bundled tasks. The trial court (the Hon. Kaye K. Christian), however, denied payment of the full amount requested. The court ruled that each "fee petition billing entr[y] regarding meetings, telephone conferences, or other written correspondence" must list "the subject matter of the correspondence, the person with whom Petitioner is corresponding, and said person's relevance to the well[-]being of the ward." The court concluded that more than 70 entries were deficient on this basis. The court also ruled that " 'block-billing,' 'aggregate' or 'blended' time claims [are] forbidden because time records lumping together multiple tasks[ ] make it impossible to evaluate their reasonableness" (internal quotation marks and alterations omitted). The court concluded that an additional 17 entries were deficient on this basis. In all, the court disallowed entries from the amended petition totaling $11,325.41 out of $22,412.95 in fees requested. The court then granted the remainder of the requested fees and costs without engaging in any additional analysis. The firm filed a consent motion for reconsideration, which the court denied. This appeal followed.
II. Analysis
Persons who provide services in connection with a guardianship proceeding are entitled to compensation pursuant to
The trial court found that Rosenau LLP's fee petition failed to meet the threshold requirement of Rule 308(b)(1) in that it lacked the requisite detail and impermissibly relied on block billing. Although it may be prudent for individuals seeking compensation under Rule 308 to set forth tasks in as much detail as possible, we see no requirement under our probate
*168
statute, our probate rules, or our case law that compelled the court to deny fees for the reasons it provided. Rule 308 asks for a "reasonabl[y] detail[ed]" petition to aid the trial court's ultimate assessment: whether the fees requested by attorneys and other individuals who perform work for the estate are reasonable.
Cf.
Tenants of 710 Jefferson St., NW v. District of Columbia Rental Housing Comm'n
,
Because the trial court appeared to employ an incorrect standard for assessing
*169
whether the fee petition provided adequate information within the meaning of Rule 308, we conclude that remand is required to permit it to reassess the $11,325.41 in disallowed fees.
See
McDaniel
,
Of course specificity of the information in a petition is only a threshold requirement for obtaining fees under the Rule; payment of the specifically identified fees does not automatically follow. A trial court reviewing a fee petition must take the additional step of ensuring that the fees themselves are reasonable.
See
McDaniel
,
For the reasons set forth above, we reverse and remand for further proceedings consistent with this opinion.
So ordered.
In this respect, we note the appellant's argument to the trial court that demanding greater specificity could implicate client confidentiality concerns.
As support for this prohibition, the trial court cited to cases from the D.C. Circuit that applied heightened standards to attorney's fee applications. While these cases are persuasive authority in this court, they are inapposite here. To assess the sufficiency of the specificity of the billing entries, the court relied on
In re Meese
,
Thus, for example, we are hard-pressed to see any deficiency in the six-hour entry bundling billing for one attorney's tasks of commuting to court, discussing "exhibits, trial strategy[,] and questions for direct/cross," waiting for the case to be called and passed, negotiating with opposing counsel, meeting with the client regarding those negotiations, and talking more with the client after court adjourned. We note that in its order declining to award fees for this time, the trial court failed to quote the final sentence of the entry referencing the settlement and client discussions.
Rule 308 requires a petition state "the basis of any hourly rate(s) of compensation," which should be sufficient to inform the trial court's assessment of whether the fees are in line with those "customarily charged in the area for similar services,"
McDaniel
,
Attorney billing for paralegal tasks is generally permitted so long as such tasks are billed at an appropriate rate.
See
Vining v. District of Columbia
,
Reference
- Full Case Name
- In RE Vivian N. BROWN; Rosenau LLP, Appellant
- Cited By
- 5 cases
- Status
- Published