Owen v. Owen

SCHEB, Judge.

Appellant Clarence E. Owen, contracted with his attorney, Frank B. Byron, to defend him against criminal charges. Owen was subsequently declared incompetent and his brother, Charles E. Owen, was appointed his legal guardian. Attorney Byron was then retained by the guardian to represent Owen in defense of a civil suit and in later *27proceedings which led to judicial restoration of Owen’s competency.

Following the restoration of Owen’s competency, the guardian submitted his final accounting to the court and sought approval of all fees paid to Byron from the guardianship account. Owen…