Matter of Estate of Quinn

830 P.2d 282, 183 Utah Adv. Rep. 59, 1992 Utah App. LEXIS 63, 1992 WL 65770
CourtCourt of Appeals of Utah
DecidedMarch 27, 1992
Docket900169-CA
StatusPublished
Cited by7 cases

This text of 830 P.2d 282 (Matter of Estate of Quinn) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Estate of Quinn, 830 P.2d 282, 183 Utah Adv. Rep. 59, 1992 Utah App. LEXIS 63, 1992 WL 65770 (Utah Ct. App. 1992).

Opinions

OPINION

ORME, Judge:

Appellant Kip Quinn, successor personal representative of the estate of Fenton Glade Quinn, Sr., challenges the district court’s award of $56;145.24 in attorney fees and costs to a Salt Lake City law firm that had provided legal services to the estate prior to the original representative’s dismissal. We reverse and remand.

FACTS

On May 24, 1984, Fenton Glade Quinn, Sr. murdered his wife, Dawana Quinn, and then shot and killed himself. Appellee, Fenton Sr.’s son by a previous marriage, was appointed as personal representative of his father’s estate, at which time he hired the Salt Lake City law firm of Nielsen & Senior to provide legal services on behalf of the estate. Several years after appellee’s appointment, and while disposition of the estate was still unresolved, ap-pellee’s stepbrother, appellant herein, petitioned to remove appellee as personal representative on the ground that appellee was squandering the estate’s assets on unnecessary legal fees. A hearing was held on the matter in June of 1989, at the conclusion of which the trial court determined that appellee

may have improvidently incurred legal expenses and costs which approximate $73,000.00 at the present time. There now exists the substantial likelihood that there will be little or nothing remaining for the heirs or creditors and the personal representative may not [be] act[ing] in the best interest of the Estate and he should be removed....

The court granted appellant’s motion, removed appellee as personal representative, and appointed appellant as successor personal representative of the estate.

Upon his appointment, appellant dismissed Nielsen & Senior as attorneys for the estate.1 The firm then petitioned the court for an award of $63,058.84 in attorney fees and costs, as compensation for legal services the firm had provided to the estate. The petition requested (1) $24,181 in fees and $340.32 in costs for basic estate administration, (2) $6,781 in fees and costs of $184.32 for services relating to a lawsuit filed against Fenton Sr.’s former business partner, (3) $20,706 in fees and $3,952.60 in costs for defending the estate in a wrongful death action brought against the estate by Dawana Quinn’s heirs, and (4) $6,560.50 in fees and costs of $353.10 for appealing the adverse judgment entered in the wrongful death action.

The trial court dealt with the firm’s fee requests by category, on an all-or-nothing basis, awarding full compensation for the first three matters set forth in the fee petition and denying any recovery for services relating to the appeal of the wrongful death judgment.2 Appellant, as successor personal representative of the estate, was thus ordered to pay the law firm $56,145.24 from the estate. Appellant now challenges the trial court’s determination that the fee and cost amounts submitted by Nielsen & Senior with respect to the first three categories of services were reasonable.

ATTORNEY FEES

In Utah, attorney fees may only be awarded if authorized by statute or contract. See, e.g., Canyon Country Store v. Bracey, 781 P.2d 414, 419-20 (Utah 1989) (quoting Turtle Management, Inc. v. Haggis Management, Inc., 645 P.2d 667, 671 (Utah 1982)); Occidental/Nebraska Fed. Sav. v. Mehr, 791 P.2d 217, 221 (Utah App.1990). In the instant ease, they are statutorily permissible: Utah Code Ann. § 75-3-[285]*285718 (Supp.1991) allows recovery of fees incurred in connection with administration of an estate, and Utah Code Ann. § 75-3-719 (1990) provides that fees may be recovered for litigation entered into in good faith on behalf of the estate. However, regardless of whether the basis for an award of fees is contractual or statutory, only a reasonable fee may be recovered. Canyon Country Store, 781 P.2d at 420.

The determination of what constitutes a reasonable fee is largely a matter within the trial court’s sound discretion. See, e.g., Jenkins v. Bailey, 676 P.2d 391, 393 (Utah 1984); Cobabe v. Crawford, 780 P.2d 834 (Utah App.1989). Nonetheless, in order to foster consistent and equitable fee awards by this state’s trial courts, the Utah Supreme Court in Dixie State Bank v. Bracken, 764 P.2d 985 (Utah 1988), constructed “practical guidelines” for analyzing the reasonableness of attorney fees, by consolidating the approaches advocated in then-existing case law into a simple four step procedure. Id. at 989-90.3

Under Dixie, a trial court should begin its fee analysis by determining exactly what legal work the petitioning attorney or attorneys performed, both in terms of the nature of the work and the time spent in its performance. Id. at 990. Second, the court should consider how much of that work was reasonably necessary to adequately conclude the matter for which legal representation had been sought. Id. Third, the petitioning attorney’s billing rate should be compared with those “customarily charged in the locality for similar services,” to ensure the reasonableness of the attorney’s rate. Id. After consideration of these first three criteria, a trial court can establish a preliminary fee by multiplying the number of necessary hours of legal work performed by the appropriate hourly rate.

Finally, after the preliminary fee is established, Dixie’s fourth step asks that courts adjust the amount of that fee, when necessary, to reflect the court’s consideration of various criteria set forth in Utah Code of Professional Responsibility DR 2-106.4 Id. These criteria include the novelty and complexity of the issues involved; the likelihood that the representation will preclude the lawyer or lawyers from accepting other employment; the expertise, experience, and reputation of the lawyer or lawyers; the amount involved and results obtained; the time limitations imposed by the client or the circumstances; the length and nature of the attorney-client relationship; and whether the requested fee is fixed or contingent. Id. at 989-90. See also Cabrera v. Cottrell, 694 P.2d 622, 624 (Utah 1985) (condemning fee determination made without consideration of DR 2-106); Govert Copier Painting v. Van Leeuwen, 801 P.2d 163, 173-74 (Utah App.1990).

I. Standard of Review

An award of attorney fees will not be overturned absent an abuse of the trial court’s discretion. Turtle Management, Inc. v. Haggis Management, Inc., 645 P.2d 667, 671 (Utah 1982).

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Matter of Estate of Quinn
830 P.2d 282 (Court of Appeals of Utah, 1992)

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Bluebook (online)
830 P.2d 282, 183 Utah Adv. Rep. 59, 1992 Utah App. LEXIS 63, 1992 WL 65770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-estate-of-quinn-utahctapp-1992.