San Diego — Attorney Declaration for Extraordinary Compensation PR-196 (Rev: 1/25)

Source: https://sdcourt.ca.gov/sites/default/files/sdcourt/generalinformation/forms/probateforms/pr196.pdf

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

EMAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101

ESTATE OF

CASE NUMBER

ATTORNEY DECLARATION FOR EXTRAORDINARY COMPENSATION

1. I, , declare as follows:

2. I am the attorney for the personal representative. I have personal knowledge of the facts set forth in this declaration in

support of my request for payment of $ (total fees) to me and/or my law firm as fees for services

provided (including time spent by associates and paralegals). This request is for the period beginning

________________ and ending .

3. Rates for Services Charged. My normal billing rate is $ per hour. I work with other attorneys and/or paralegals

who assist with services related to my representation of the personal representative. Staff time is billed at the rates set

forth in item 4.

4. Summary of Time Categories / Fees. This declaration describes services provided by me, and other attorney(s) and

   staff at my firm.

   a. A total of ____ hours of services were provided, broken down as follows:

   Total Hours Hourly Rate Total Fees

   1) Attorney: . $ $

   2) Attorney: . $ $

   3) Attorney: . $ $

   4) Paralegal: . $ $

   5) Paralegal: . $ $

   TOTAL FEES: $
   Continued on Attachment 4a.

   b. The statutory fees in this estate are $ . An estimated total of ____ hours statutory fee work

   were expended by the firm’s attorney(s) and paralegal(s) / staff. The time spent on extraordinary work, as detailed

   below, was necessary and benefited the estate, in relation to normal statutory fee work, as explained in item 8.

5. Summary of Services Provided. The services for which I am now seeking extraordinary compensation pursuant to

California Rules of Court, rule 7.703 are summarized as follows (provide attachments to describe the specific work done,

and how the work benefited the estate, for each category of fees requested):

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ESTATE OF CASE NUMBER

a. Legal services in connection with the sale of property held in the estate. The total hours expended on this

category are _____, of which, attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s)

or staff worked _____ hours. Details of the services performed (attach additional information, if necessary):

.

Continued on Attachment 5a.

b. Services to secure a loan to pay estate debts. The total hours expended on this category are _____, of which,

attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s) or staff worked _____ hours.

Details of the services performed (attach additional information, if necessary):

.

Continued on Attachment 5b.

c. Litigation undertaken to benefit the estate or to protect its interests. The total hours expended on this category

are _____, of which, attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s) or staff

worked _____ hours. Details of the services performed (attach additional information, if necessary):

.

Continued on Attachment 5c.

d. Defense of the personal representative's account. The total hours expended on this category are _____, of which,

attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s) or staff worked _____ hours.

Details of the services performed (attach additional information, if necessary):

.

Continued on Attachment 5d.

e. Defense of a will contested after its admission to probate. The total hours expended on this category are _____,

of which, attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s) or staff worked

_____ hours. Details of the services performed (attach additional information, if necessary):

.

Continued on Attachment 5e.

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ESTATE OF CASE NUMBER

f. Successful defense of a will contested before its admission to probate The total hours expended on this

category are _____, of which, attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s)

or staff worked _____ hours. Details of the services performed (attach additional information, if necessary):

.
Continued on Attachment 5f.

g. Successful defense of a personal representative in a removal proceeding. The total hours expended on this

category are _____, of which, attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s)

or staff worked _____ hours. Details of the services performed (attach additional information, if necessary):

.
Continued on Attachment 5g.

h. Extraordinary efforts to locate estate assets. The total hours expended on this category are _____, of which,

attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s) or staff worked _____ hours.

Details of the services performed (attach additional information, if necessary):

.
Continued on Attachment 5h.

i. Litigation in support of attorney's request for extraordinary compensation, where prior compensation

awards are not adequate under the circumstances. The total hours expended on this category are _____, of

which, attorney worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s) or staff worked _____

hours. Details of the services performed (attach additional information, if necessary):

.
Continued on Attachment 5i.

j. Coordination of ancillary administration. The total hours expended on this category are _____, of which, attorney

worked _____ hours; other attorney(s) worked _____ hours; and paralegal(s) or staff worked _____ hours. Details

of the services performed (attach additional information, if necessary):

.
Continued on Attachment 5j.

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ESTATE OF CASE NUMBER

k. Accounting for a deceased, incapacitated, or absconded personal representative under Probate Code,

section 10953. The total hours expended on this category are _____, of which, attorney worked _____ hours; other

attorney(s) worked _____ hours; and paralegal(s) or staff worked _____ hours. Details of the services performed

(attach additional information, if necessary):

.

Continued on Attachment 5k.

l. Tax issues. The total hours expended on this category are _____, of which, attorney worked _____ hours; other

attorney(s) worked _____ hours; and paralegal(s) or staff worked _____ hours. Details of the services performed

(attach additional information, if necessary):

.

Continued on Attachment 5l.

m. Other. The total hours expended on this category are _____, of which, attorney worked _____ hours; other

attorney(s) worked _____ hours; and paralegal(s) or staff worked _____ hours. Details of the services performed

(attach additional information, if necessary):

.

Continued on Attachment 5m.

6. If one or more paralegals was used, I hereby confirm:

   a. At all times the paralegal(s) acted under the direction and supervision of an attorney. The paralegal(s) satisfies one

   or more of the minimum qualifications specified in Business and Professions Code, section 6450(c). The

   paralegal(s) has completed mandatory continuing education required by Business and Professions Code section

   6450(d) for the last two-year certification period ending before the year during which any part of the paralegal(s)

   services were performed.

   b. The services performed by the paralegal(s):

   .

   Continued on Attachment 6b.

   c. It was appropriate to use the paralegals’ services in this particular case because:

   .

   Continued on Attachment 6c.

   d. The total amount requested for the extraordinary services of the attorney(s) and the paralegal(s) does not exceed

the amount appropriate if the attorney had performed the services without the paralegal(s) assistance because:

.

Continued on Attachment 6d.

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ESTATE OF CASE NUMBER

7. Reasonableness of Rates. I have been a California licensed attorney since ______. The hours incurred and the rate

sought are just and reasonable, and are within the standards of the community.

a. The other attorney(s) utilized in this case are licensed as follows:

Attorney Year of Licensure Bar Number

Continued on Attachment 7a.

b. Paralegal(s) and staff utilized in this case are certified as follows:

Paralegal/Staff Type and Year of Certification

Continued on Attachment 7b.

8. Difficulty of Tasks and Results Achieved. The tasks set forth herein required more than ordinary skill or judgment

because:

.

The results achieved were a benefit to the estate because:

.

Continued on Attachment 8.

9. Conclusion/Further Explanation or Justification.

   .

   Continued on Attachment 9.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

Type or print name Signature of Declarant

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