Saturday, February 25, 2012

new decision on contingent fee contracts in guardianship cases

Guardianship of Stanfield, 2012 OK 8, decided 2/7/2012, mandate not yet issued:

(1) A District Court possesses jurisdiction to adjudicate in a guardianship proceeding a motion seeking court approval of a lawyer's contingent fee contract; (2) A guardian's failure to obtain court approval of a contingent fee agreement prior to payment pursuant to that agreement is not, by itself, a legally sufficient reason for a court to deny a motion to approve the agreement; and (3) The mere passage of time between creation of a contingent fee agreement and when it is presented to a court for approval in an open and continuing guardianship proceeding is not a legally sufficient reason to deny approval of that agreement.