Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-13

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-13

Fee: Reasonableness


The facts set forth in your inquiry are as follows: You are the remainderman in a trust estate of a distant relative. The trustee is a bank located in Cecil County, and the only trust asset is a farm of 160 acres. Some years ago the main beneficiary of the trust initiated suit against the trustee bank, claiming the trustee acted improperly in allowing certain electric lines to be placed across the trust property.

The trust hired an attorney to defend this suit. After the suit was dismissed, the trustee's attorney filed a petition seeking the payment of counsel fees. The attorney was awarded a fee by the court.

The same attorney has now filed a second petition seeking counsel fees and claiming that he should be compensated further for the time he spent in preparing and arguing the first petition for counsel fees. Your question is whether the second petition for counsel fees creates ethical considerations.

The Committee has determined that inasmuch as the petition for counsel fees is currently before a court of competent jurisdiction, it is inappropriate for the Committee to comment on this issue.

  Although this response does not answer your inquiry, we trust that you appreciate the basis for this decision.


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