Condon v. McHenry

Michael R. Condon and his attorneys, Michael Katz and his firm (the Elrod firm), appeal an order of the probate court denying Katz attorney fees for services rendered to the estate of Evelyn J. Condon, Michael, Evelyn’s son, was appointed co-executor of her will with his sister, Caroline M. McHenry, the respondent to this appeal. Michael lives in Colorado; Caroline lives in California, as did their mother. The Elrod firm, which Evelyn J. Condon had retained to prepare her will and other documents effectuating her estate plan, is in Colorado, where the will was prepared, and where Katz is licensed to practice law. Katz is not a member of the California State Bar.

Michael retained Katz and the Elrod firm to advise him as co-executor in the probate proceedings. Caroline retained counsel in California, James Cody and his firm (the Carr firm), to represent her as co-executor in the same proceedings. The record reflects that Katz did most of his work in Colorado, where Michael resides, communicating by telephone, mail, and fax with Cody and with other of the Condon siblings in California. Michael also retained California counsel, Dominic Campisi and his firm (the Evans firm),…