The ISBA has issued its first ethics opinion of the calendar year. It was approved in January and designated number 13-01. the summary reads as follows: "It is not ethically permissible for a lawyer for a representative of a decedent’s estate to enter into a fee agreement, or to collect a fee, for an amount in excess of the amount of fees allowed by a probate court as reasonable."
Not everyone agrees with that conclusion, though. In the May ISBA Trusts and Estates newsletter, Thomas Bransfield and Darrell Dies argue that the the Opinion "condemns attorneys from seeking payment of any 'disallowed portion' of a fee petition, even if the fee is reasonable and the client is willing to pay," which they say "conflicts with the Probate Act that entitles attorneys to be paid reasonable compensation for services." Here's their analysis. You can read the opinion here. If you are a member of the ISBA, you can see the Trusts and Estates newsletter here.
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