[WSBAPT] Special Notice of Proceedings and Paid Atty fees

[Paul Neumiller]

Listmates:  RCW 11.28.240 allows a request for notice of certain proceedings, including the payment of atty fees by a PR.  RCW 11.28.240(1)(n) also says:  "...If the notice has been regularly given, any distribution or payment of fees and any order or judgment, made in accord therewith is final and conclusive."  OK, I remember Ricard Wills (or was it Eric?) saying that he loved when opposing counsel made the request for special notice for atty fees because if the opposing atty didn't object at the time and the atty fees were paid, then the payment was "final and conclusive" and the opposing atty couldn't object to those fees at a later date.  Anyone have any cases confirming this result?  I am atty for a PR in an estate where the request for special notice was made and I gave notice to the opposing atty of the intended payment of my atty fees to date.  After no objection, the PR brought my outstanding bill current (hurray).  Now that we are getting closer to closing the probate, opposing atty is making noises that he intends to "review the reasonableness" of my atty fees.   Any legal support for the proposition that the atty fees paid to date are "final and conclusive" and can't be challenged later?





[Paul A_ Neumiller2]




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