Following a guardianship application and the subsequent death of the incapable person, her former counsel, Swadron Associates, brought a motion for directions under Rule 75.06 regarding unpaid legal fees.
The applicant, Glen Salzman, brought a cross-motion seeking costs personally against the firm.
The court determined several preliminary issues, finding that Swadron Associates had standing under Rule 75.06 but denying its requests for preservation of funds and security for costs.
The court also held that Glen Salzman, as executor, had the authority to waive solicitor-client privilege on behalf of the estate for the purpose of his costs motion, as he was not adverse in interest to the estate on that issue.
