[Caption. See § 3 of the Introduction in this manual.]
Application to Employ Attorney
[Name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an incapacitated person, seeks authority under sections 1151.104 and 1151.105 of the Texas Estates Code to retain [name of law firm] as attorneys for the purpose of [instituting suit to recover [specify] on behalf of Ward’s estate/defending Ward and [his/her] estate from a lawsuit initiated against Ward]. In addition, authority is requested to enter into a contingent fee agreement and to institute a lawsuit if necessary to protect Ward’s interests, and in support Applicant shows:
1.[Name of applicant] was appointed guardian of the estate of [name of ward], an incapacitated person, and qualified as guardian on [date].
|
Select one of the following. |
2.Applicant shows that Ward possesses a claim arising out of [specify] and requests authority to execute a contract of employment with the law firm of [name of law firm] of [city, county] County, Texas, to represent Applicant in recovering Ward’s claim. The terms and provisions of the proposed representation will comply with the recovery limitations under section 1155.053 of the Texas Estates Code. A copy of the proposed fee contract is attached as Exhibit [exhibit number/letter].
|
Or |
2.Applicant shows that Ward’s estate has been made a party to a lawsuit and requests authority to execute a contract of employment with the law firm of [name of law firm] of [city, county] County, Texas, to represent Applicant on behalf of Ward’s estate in such lawsuit. The terms and provisions of the proposed representation are contained in the proposed fee contract attached hereto as Exhibit [exhibit number/letter].
|
Continue with the following. |
3.Applicant requests this Court to authorize employment of the above-named law firm on behalf of Applicant for Ward’s estate under section 1151.104 of the Texas Estates Code, without further orders of this Court for the purpose of [seeking recovery for Ward and [his/her] estate for all damages and expenses to which Ward may be entitled/defending the lawsuit].
|
If the fees are not on a contingency basis, generally the court will approve the hourly rates but will require the guardian to seek permission for each invoice prior to payment. |
Applicant seeks authority on behalf of Ward and [his/her] estate to enter into a contract to employ the law firm of [name of law firm] of [city, county] County, Texas, to represent Applicant on behalf of Ward’s estate with respect to [all claims and recoveries that Ward and [his/her] estate may be entitled to seek for the losses sustained/the lawsuit filed against Ward], that Applicant be authorized [to institute suit on behalf of Ward and [his/her] estate for recovery of those claims/to defend against said lawsuit], and all further relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
|
Attach exhibit(s). |