pjc-family-2024-lib

A TTORNEY ’ S F EES

PJC 250.4

PJC 250.4

Attorney’s Fees—Trust

QUESTION ______ What is a reasonable fee for the necessary services of [ TRUSTEE ’s] [ BENE FICIARY ’s] attorney in this action? A reasonable fee is the reasonable hours worked, and to be worked, multi plied by a reasonable hourly rate for that work. Do not include fees that relate solely to any other claim. Answer with an amount in dollars and cents for each of the following: 1. For representation in the trial court. Answer: _______________ 2. For representation in the court of appeals. Answer: _______________ 3. For representation at the petition for review stage in the Supreme Court of Texas. Answer: _______________ 4. For representation at the merits briefing stage in the Supreme Court of Texas. Answer: _______________ 5. For representation through oral argument and the completion of proceedings in the Supreme Court of Texas. Answer: _______________ COMMENT When to use. Attorney’s fees may be recoverable under Tex. Prop. Code § 114.064 based on the court’s determination of what is equitable and just. Guiding considerations. The Committee believes that principles applicable to fee-shifting cases generally also apply when attorney’s fees are sought under the Trust Code. See Rohrmoos Venture v. UTSW DVA Healthcare, LLP , 578 S.W.3d 469, 484 (Tex. 2019). When a claimant wishes to obtain attorney’s fees, the claimant must prove that the requested fees are both reasonable and necessary. Rohrmoos Venture ,

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