[Caption. See § 3 of the Introduction in this manual.]
Order Authorizing Employment of Attorney
On [date], the Court considered the application of [name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an incapacitated person, to employ attorneys with the law firm of [name of law firm] of [city, county] County, Texas, enter into a fee agreement [and institute a lawsuit under section 1151.104 of the Texas Estates Code for recoveries that Ward and [his/her] estate may be justly entitled to seek/for the purpose of defending Ward and [his/her] estate against a lawsuit filed against [him/her]]. The Court finds that Applicant should be authorized to enter into such a fee agreement and [to institute suit/to defend against the lawsuit] on behalf of Ward and Ward’s estate.
IT IS ORDERED that [name of applicant] is given permission to enter on behalf of [name of ward]’s estate the attached employment agreement with the law firm of [name of firm] of [city, county] County, Texas, for [the recovery of [name of ward]’s claims of whatever nature/the purpose of defending [name of ward] and [his/her] estate].
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If the fee agreement provides for a contingent fee, include the next two paragraphs. |
IT IS FURTHER ORDERED that [name of applicant] is authorized under section 1155.053 of the Texas Estates Code on behalf of [name of ward]’s estate to convey to the law firm of [name of firm] of [city, county] County, Texas, as [name of ward]’s attorneys, fees for legal services, limited to [a one-third contingent interest in the claims plus incidental costs and expenses [describe approved fee arrangement]].
IT IS FURTHER ORDERED that the attorneys are not restricted from seeking additional fees that may be authorized under section 1155.053 of the Texas Estates Code, provided the fees are sought in strict compliance with the statutory authority and approved by this Court by written order.
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Continue with the following. |
IT IS FURTHER ORDERED that [name of applicant] is authorized to execute on behalf of [name of ward]’s estate the attached fee agreement and if necessary [to institute suit/to defend against the lawsuit] on behalf of [name of ward] and [his/her] estate in the appropriate court without additional orders from this Court.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
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Include attachment(s). |