In short: In Jaffe v. Guardianship of Jaffe, 147 So. 3d 578 (Fla. 3d DCA 2014), a guardian refused his former lawyer’s bill for guardianship work and filed a Bar complaint. A proposed $11,000 settlement required withdrawing the complaint. The court held there was no enforceable settlement, affirmed the fee award, and treated the fee-litigation costs as guardianship expenses under § 744.108(8).
The Facts
Michael Jaffe, who has a mental illness, worked about 20 years as a personal assistant for a family but would not sue that family’s estate for underpayment.
In 2007 attorney Joy Carr told his father, Richard, he could bring the claim if he became Michael’s guardian. Richard was appointed.
Their agreement set a 40% contingency fee for the probate claim but said nothing about fees for the guardianship work.
The claim settled in 2009, netting Michael $120,000, which went into a restricted guardianship account.
Richard fired Carr in 2011. She billed about $27,400 for the guardianship work at $300 an hour. He refused to pay and filed a Florida Bar complaint, which the Bar later dismissed.
A negotiated $11,000 settlement fell apart because it was conditioned on withdrawing the Bar complaint. The trial court found 90 hours at $300 reasonable but cut the award to $16,700 plus costs in light of the account balance.
The Decision
The Third District Court of Appeal affirmed (Case No. 3D13-2052, Aug. 27, 2014; opinion by Judge Emas).
The parties never reached a settlement. They had only preliminary negotiations, and withdrawal of the Bar complaint was an essential term never agreed. A settlement requiring withdrawal of a Bar complaint cannot be enforced, and that term could not be cut out because the $11,000 number depended on it. In a footnote the court called the condition itself improper.
The fee award was supported by expert testimony and the lawyer’s own sworn testimony. An objection that her first testimony was unsworn was waived.
Under § 744.108(8), fees for the lawyer’s counsel and expert in the fee proceeding are costs of guardianship administration, and the court could reserve jurisdiction to set them.
The Law
Section 744.108 allows guardians and their attorneys reasonable fees from the guardianship, using factors such as time, skill, results and the ward’s resources. The court must approve the fees.
Current law (2026): ch. 2015-83 amended § 744.108. Subsection (8) now also covers fees of court-appointed counsel and an attorney who served the ward, and subsection (9) lets the court find fees reasonable without expert testimony and requires reasonable expert fees to be paid from the guardianship estate.
Lessons
- Guardians should get a written fee agreement covering the guardianship work itself, not just the underlying lawsuit.
- Courts can reduce fees to fit what the ward can bear.
- Never condition a settlement on dropping a Bar complaint; it is unenforceable and improper.
- Fee fights in guardianships can end up paid from the ward’s own money.
Source: Opinion, Jaffe v. Guardianship of Jaffe, 147 So. 3d 578 (Fla. 3d DCA 2014)
Watch the Oral Argument
This is the recording of the oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Did the Fee Dispute Settle Through Counsel? § 744.108 in an Active Guardianship | Jaffe v. Guardianship of Jaffe, 3D13-2052
Go Deeper
- A Daughter Became Her Mother’s Caregiver, and Was Convicted of Neglect (Sieniarecki v. State)
- How to Avoid Guardianship in Florida: The Power of Attorney Is the Least Restrictive Alternative
- A Parent’s Choice of Guardian Beats “Best Interests” Absent Harm (D.R. v. Heidrich)
Frequently Asked Questions
Who pays a guardianship attorney in Florida?
Reasonable attorney fees are generally paid from the ward’s guardianship estate under § 744.108, subject to court approval.
Can a court reduce guardianship fees?
Yes. The court weighs the § 744.108(2) factors, including the ward’s resources, and can cut fees, as in Jaffe.
Can a settlement require withdrawing a Florida Bar complaint?
No. Jaffe held such a term unenforceable, and the court called it improper.
Are fees for litigating a guardianship fee dispute recoverable?
Under § 744.108(8), fees of counsel and experts in the fee proceeding can be costs of administration.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
