In the Interest of L. D. M., a Child
| Docket Number: | 2002-CA-01458-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 04-01-2004 Opinion Author: Waller, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Guardian ad litem fees - Section 43-21-121(6) - Best interest of child Judge(s) Concurring: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 06-25-2002 Appealed from: Warren County Youth Court Judge: Samuel Habeeb Disposition: Approved payment to the guardian ad litem totaling $4,000 in response to a bill submitted for $13,797.81. Case Number: 7074 |
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| Note: | Motion for Payment filed by appellant is granted in part for the appellant's work done as guardian ad litem in the case In re L.D.M., 2001-CA-01203-SCT, and that Warren County is ordered to pay the appellant $2,000.00 for her services. | |
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| Topic: | Guardian ad litem fees - Section 43-21-121(6) - Best interest of child |
| Summary of the Facts: | Patricia Smith submitted her fee as guardian ad litem in this case in the amount of $13,797.81 to the Warrent County Youth Court. The court approved payment totaling $4,000. Smith appeals. |
| Summary of Opinion Analysis: | Issue 1: Reasonable attorney’s fees Smith argues that the court did not find her fees unreasonable, but only in excess of the amount normally paid to attorneys in Warren County, and that any comparison of the present case to cases from the Warren County Chancery Court is not supported by any evidence. Section 43-21-121(6) provides that the guardian ad litem shall be paid a reasonable fee as determined by the youth court judge and that the guardian ad litem shall submit an accounting of the time spent in performance of his duties to the court. When considering the proper amount of attorney fees to be awarded, the court should consider the relative ability of the parties; the skill and standing of the attorney employed; the nature of the case and novelty and difficulty of the questions at issue; the degree of responsibility involved in the management of the case; the time and labor required; the usual and customary charge in the community; and preclusion of other employment by the attorney due to the acceptance of the case. Here, the youth court explained that the reasonableness of Smith's fee had to be based on the normal amount of compensation paid to guardians ad litem in the locality and stated that other cases in the chancery court as complex as the present case only warranted $2,000 in fees. The court found that $500 per hearing is reasonable because there is a steady flow of lawyers willing to accept similar cases at that rate but awarded Smith a higher amount because of the complexity of this case. Therefore, the court's ruling was not an abuse of discretion. Issue 2: Best interest of child Smith argues that, since the youth court limits the amount of compensation a guardian ad litem can receive, there is no incentive to zealously advocate for the child. Smith is barred from asserting this argument because she failed to raise this issue in the youth court. |
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