A guardian ad litem fee in the amount of $100,000 is appropriate where the experienced guardian can document the hours and sacrifices made to work on the matter. Land Rover v. Hinojosa, Number 13-03-476-CV, Court of Appeals of Texas, July 22, 2004.
Hinojosa was awarded $100,000 for his representation as guardian ad litem of Tyler Hirn. Land Rover appealed the award, but the appellate court affirmed. It held that as a procedural matter, Land Rover failed to preserve the issue for appeal because it failed to make a timely objection before the trial court. The appellate court further held that absent an abuse of discretion, which it did not find, it could not disturb the award. The appellate court held that the amount of the fee was appropriate in light of Hinojosa’s experience and expertise. It considered that Hinojosa performed at least 150 hours of work, including participation in settlement negotiations, phone conferences, and reviews of depositions, medical reports and expert witness reports. The court considered that Hinojosa’s usual hourly rate of $500 per hour was justified by his Georgetown law degree and his 30 years of legal experience. Furthermore, because of his involvement in this case, Hinojosa had to decline other cases on which he could have earned a total of $125,000.
