Statute: Arizona Code of Judicial Administration section 3-303, Use of Fee Guidelines, provides in part: Unless otherwise
Question:
Statute: Arizona Code of Judicial Administration section 3-303, Use of Fee Guidelines, provides in part: Unless otherwise ordered by the court, compensation and reimbursement for professional services shall
meet the following requirements. . . . Reasonable costs that are incurred in the best interest of the Estate are reimbursable at actual cost, without increase in price. Reimbursable costs include, but are not limited to . . . electronic database fees charged by an outside vendor (e.g., Westlaw, LexisNexis, PACER) except for charges to research Arizona (or other applicable) statutes, case law, and regulations.
Facts: Predominate area Lisa is an attorney that occasionally is hired to assist in probate matters. Lisa of practice is civil litigation. In her civil litigation practice she charges clients, as detailed in her fee agreement, for charges incurred from searching commercial databases such as WestlawNext. Lisa uses the same fee agreement and has the same practice of charging fees for researching Arizona probate statutes and case law in the probate matters in which she is involved. In some of the probate matters she handles, she is hired by an individual and paid by that individual, usually an heir to an estate. However, in some matters, she does work on behalf of an estate, having been hired by an executor of an estate, in which case the estate is who is charged for her work.
Question: Identify the issue(s) raised by this fact situation.
Step by Step Answer:
Legal Research Analysis and Writing
ISBN: 978-1305948372
4th edition
Authors: William H. Putman, Jennifer Albright