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‘Estate administrator agrees to settle lawyer’s claim for $130K’
Wiseman, who earlier ruled for $99,256, refuses to hear matter for approval
The current administrator for the estate of Rita Rogolifoi has agreed to settle for $130,000 the attorney’s fee claim by lawyer Brien Sers Nicholas, who served as counsel for the former estate administrator.
But Superior Court Associate Judge David A. Wiseman, who earlier determined that $99,256.76 is the reasonable amount in additional payment for Nicholas, rejected Nicholas’ request for the court to hear their settlement deal, according to court documents.
The Rogolifio estate previously paid $71,006.25 in legal fees to Nicholas, who was counsel for former estate administrator Enrique Seman.
Clarence “Bud” White, the current administrator for the Rogolifoi estate, submitted before the Superior Court last Dec. 19 an administrator’s accounting of the estate’s account.
In the footnote of the report, White, through counsel Stephen N. Nutting, cited that Wiseman awarded Nicholas $99,256.76 in attorney’s fees, but that Nicholas has indicated his desire to appeal the matter to the CNMI Supreme Court.
Nutting said such an appeal would cost the estate an estimated $15,000 to $25,000 in attorney’s fees to defend and to perhaps bring a cross-appeal.
Nutting said that, while White is confident in successfully defending against the appeal, he is aware of the fact that there always is a risk involved in litigation.
More importantly, Nutting said, White is concerned that dragging the estate through another one to two years of litigation in court would create additional expenses for the estate.
Nutting said that, as counsel for White, he therefore negotiated a full and final settlement in the amount of $130,000 to obtain a release of all of Nicholas’ claims against the estate.
It means the parties agreed that Nicholas should get an additional $130,000 instead of $99,256.76 that Wiseman earlier determined to be reasonable.
Nicholas’ original claim for payment of attorney’s fees was $853,369.99, which he asserted is 30 percent of the estate’s total recovery and pursuant to the retainer agreement and negotiations with the estate administrator.
White also disclosed that the estate has a current balance of $368,546.12. He requested for payment of $200,000 to the Rogolifoi heirs, $130,000 to Nicholas (settlement), $6,953.79 for him (White), and $8,560 to the former attorney for the estate, Shiela Trianni.
Last Dec. 23, Nicholas filed in court an ex parte motion requesting for a hearing about their joint motion for a court approval of their $130,000 settlement.
That same day, Dec. 23, Wiseman approved White’s request for payment of $200,000 for distribution among the heirs of Rogolifoi estate, $6,953 for him (White), and $8,560 for Trianni
In a separate order also that same day, Wiseman denied Nicholas’ ex parte motion.
Ex parte refers to an application to the court by one of the parties to the action without the other party being present or heard.
Wiseman said that for him to schedule a hearing to entertain a post-decision settlement on the very issue he ruled upon is without judicial precedent.
With that ruling, Nicholas then filed a writ, asking the CNMI Superior Court to issue an order mandating Wiseman to vacate his Dec. 23 orders for partial distribution.
Last week, CNMI Supreme Court Associate Justice Perry B. Inos issued an order suspending Wiseman’s orders concerning the partial distribution of $200,000 to the heirs pending resolution of Nicholas’ petition.
