§ 474 — Compensation of attorney or counsellor

New York § 474

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 15: Attorneys and Counsellors

Text

§ 474. Compensation of attorney or counsellor. The compensation of an\nattorney or counsellor for his services is governed by agreement,\nexpress or implied, which is not restrained by law, except that no\nagreement made hereafter between an attorney and a guardian of an infant\nfor the compensation of such attorney, dependent upon the success of the\nprosecution by said attorney of a claim belonging to said infant, or by\nwhich such attorney is to receive a percentage of any recovery or award\nin behalf of such infant or a sum equal to a percentage of any such\nrecovery or award, shall be valid or enforceable unless made as\nhereinafter provided. An attorney may contract with the guardian of an\ninfant to prosecute, by suit or otherwise, any claim for the benefit of\nan infant for a compensation to said attorney dependent upon the success\nin the prosecution of such claim, subject to the power of the court, as\nhereinafter provided, to fix the amount of such compensation. Whenever\nsuch a contract shall have been entered into between an attorney and a\nguardian of an infant, upon the recovery of a judgment, or the obtaining\nof an award in behalf of the said infant, or upon any compromise or\nsettlement of such claim, the attorney may apply, upon notice to the\nguardian, to the judge, justice or surrogate before whom the said action\nor proceeding was tried, or to whom an application for compromise or\nsettlement was made, in case the said action or proceeding was tried, or\nthe said application was made at a court held within this state; or to a\nspecial term of said court, in case the said action or proceeding was\ntried before some person other than a justice thereof, or said claim was\ncompromised or settled after said suit was begun, or in case of the\ndeath or disability of the judge or justice before whom the action was\ntried; or to special term of the supreme court in case the recovery,\naward, compromise or settlement was not had in any court of this state.\nSuch application shall set forth briefly the contract, the services\nperformed by the attorney and pray that there be awarded to him a\nsuitable amount out of the recovery, award, compromise or settlement\nobtained through his efforts as attorney on behalf of the infant. The\ncourt, judge or surrogate to which such application is made, upon being\nsatisfied that due notice of the said application as been given to the\nsaid guardian, shall proceed summarily to determine the value of the\nservices of said attorney, taking such proof from either the attorney or\nthe guardian by affidavit, reference or the examination of witnesses\nbefore the said court, judge or surrogate, as may seem to be necessary\nand proper, and shall thereupon make an order determining the suitable\ncompensation for the attorney for his services therein, which sum shall\nthereafter be received by the said attorney for his services in behalf\nof the said infant; and no other compensation shall be paid or allowed\nby the guardian for such services out of the estate of said infant. If\na copy of such order awarding the compensation with notice of entry be\nthereafter served by the said attorney upon the adverse party to the\nsaid litigation or the person making such compromise or settlement and\nupon the custodian of the funds recovered, in case there be such\ncustodian, such award shall become and constitute a lien to the amount\nthereof on behalf of the said attorney upon such recovery, award,\nsettlement or fund.\n