Madison County Department of Human Resources v. T.s., by Her Mother and Next Friend F.m., and F.m.

Summary

The Supreme Court of Alabama held that the trial court inadequately explained its initial approval of the attorney fee and later exceeded the limited scope of the first remand by taking new evidence. After a second remand produced an adequate explanation based on the original record, the Court held that the fee awarded for representing the minor was excessive because the record showed little legal complexity, minimal nonrecovery risk, and no reliable time records; it reduced that fee to 20% of the minor's settlement share while leaving the fee for the mother's individual claim and litigation expenses undisturbed. Justice Woodall, dissenting, would have remanded for further proceedings to develop an adequate factual basis rather than set the fee at 20%.