Common use of Records Requirements Clause in Contracts

Records Requirements. The attorney who represents a personal representative is required to maintain time records even if the fee arrangement is not based on time. The records must (1) identify the person performing the services, (2) state the date the services were performed, (3) state the amount of time spent performing the services, and (4) briefly describe the services. MCR 5.313(C). In a formal proceeding (e.g., a petition for allowance of an accounting or a petition or motion to approve the payment of attorney fees), a statement containing the above information must be appended to the accounting, petition, or motion seeking approval of fees unless all of the parties affected consent to the compensation. MCR 5.313(F). In supervised administration, the court must approve attorney fees. MCR 5.310(G). In unsupervised administration, court approval of fees is not required; how- ever, the attorney is still required to maintain the records required by MCR 5.313(C). Maintaining accurate records is important because the burden of proof is on the attorney seeking compensation and without such records the probate court lacks the means to determine whether the fees are rea- sonable. In re ▇▇▇▇▇▇▇’▇ Estate, 131 Mich App 441, 444, 345 NW2d 713 (1984). The probate court has broad discretion regarding the allowance of fees and its decision is reviewed only for an abuse of discretion. In re Eddy Estate, 354 Mich 334, 347–348, 92 NW2d 458 (1958); In re ▇▇▇▇▇▇▇▇’▇

Records Requirements. The attorney who represents a personal representative is required to maintain time records even if the fee arrangement is not based on time. The records must (1) identify the person performing the services, (2) state the date the services were performed, (3) state the amount of time spent performing the servicesser- vices, and (4) briefly describe the services. MCR 5.313(C). In a formal proceeding (e.g., a petition for allowance of an accounting or a petition or motion to approve the payment of attorney fees), a statement containing the above information must be appended to the accounting, petition, or motion seeking approval of fees unless all of the parties affected consent to the compensation. MCR 5.313(F). In supervised super- vised administration, the court must approve attorney fees. MCR 5.310(G). In unsupervised administration, court approval of fees is not required; how- everhowever, the attorney is still required to maintain the records required by MCR 5.313(C). Maintaining accurate records is important because the burden of proof is on the attorney seeking compensation and without such records the probate court lacks the means to determine whether the fees are rea- sonablereasonable. In re ▇▇▇▇▇▇▇’▇ Estate, 131 Mich App 441, 444, 345 NW2d 713 (1984). The probate court has broad discretion discre- tion regarding the allowance of fees and its decision is reviewed only for an abuse of discretion. In re Eddy Estate, 354 Mich 334, 347–348, 92 NW2d 458 (1958); In re ▇▇▇▇▇▇▇▇’▇In