State Codes and Statutes

Statutes > New-york > Jud > Article-15 > 474

§  474. Compensation of attorney or counsellor. The compensation of an  attorney or counsellor  for  his  services  is  governed  by  agreement,  express  or  implied,  which  is  not  restrained by law, except that no  agreement made hereafter between an attorney and a guardian of an infant  for the compensation of such attorney, dependent upon the success of the  prosecution by said attorney of a claim belonging to said infant, or  by  which  such attorney is to receive a percentage of any recovery or award  in behalf of such infant or a sum equal to  a  percentage  of  any  such  recovery  or  award,  shall  be  valid  or  enforceable  unless  made as  hereinafter provided. An attorney may contract with the guardian  of  an  infant  to prosecute, by suit or otherwise, any claim for the benefit of  an infant for a compensation to said attorney dependent upon the success  in the prosecution of such claim, subject to the power of the court,  as  hereinafter  provided, to fix the amount of such compensation.  Whenever  such a contract shall have been entered into between an attorney  and  a  guardian of an infant, upon the recovery of a judgment, or the obtaining  of  an  award  in  behalf  of the said infant, or upon any compromise or  settlement of such claim, the attorney may apply,  upon  notice  to  the  guardian, to the judge, justice or surrogate before whom the said action  or  proceeding  was  tried,  or to whom an application for compromise or  settlement was made, in case the said action or proceeding was tried, or  the said application was made at a court held within this state; or to a  special term of said court, in case the said action  or  proceeding  was  tried before some person other than a justice thereof, or said claim was  compromised  or  settled  after  said  suit was begun, or in case of the  death or disability of the judge or justice before whom the  action  was  tried;  or  to  special  term of the supreme court in case the recovery,  award, compromise or settlement was not had in any court of this  state.  Such  application  shall  set  forth  briefly the contract, the services  performed by the attorney and pray  that  there  be  awarded  to  him  a  suitable  amount  out  of  the recovery, award, compromise or settlement  obtained through his efforts as attorney on behalf of  the  infant.  The  court,  judge or surrogate to which such application is made, upon being  satisfied that due notice of the said application as been given  to  the  said  guardian,  shall  proceed  summarily to determine the value of the  services of said attorney, taking such proof from either the attorney or  the guardian by affidavit, reference or  the  examination  of  witnesses  before  the  said court, judge or surrogate, as may seem to be necessary  and proper, and shall thereupon make an order determining  the  suitable  compensation  for the attorney for his services therein, which sum shall  thereafter be received by the said attorney for his services  in  behalf  of  the  said infant; and no other compensation shall be paid or allowed  by the guardian for such services out of the estate of said infant.   If  a  copy  of such order awarding the compensation with notice of entry be  thereafter served by the said attorney upon the  adverse  party  to  the  said  litigation  or the person making such compromise or settlement and  upon the custodian of  the  funds  recovered,  in  case  there  be  such  custodian,  such  award shall become and constitute a lien to the amount  thereof on behalf of  the  said  attorney  upon  such  recovery,  award,  settlement or fund.

State Codes and Statutes

Statutes > New-york > Jud > Article-15 > 474

§  474. Compensation of attorney or counsellor. The compensation of an  attorney or counsellor  for  his  services  is  governed  by  agreement,  express  or  implied,  which  is  not  restrained by law, except that no  agreement made hereafter between an attorney and a guardian of an infant  for the compensation of such attorney, dependent upon the success of the  prosecution by said attorney of a claim belonging to said infant, or  by  which  such attorney is to receive a percentage of any recovery or award  in behalf of such infant or a sum equal to  a  percentage  of  any  such  recovery  or  award,  shall  be  valid  or  enforceable  unless  made as  hereinafter provided. An attorney may contract with the guardian  of  an  infant  to prosecute, by suit or otherwise, any claim for the benefit of  an infant for a compensation to said attorney dependent upon the success  in the prosecution of such claim, subject to the power of the court,  as  hereinafter  provided, to fix the amount of such compensation.  Whenever  such a contract shall have been entered into between an attorney  and  a  guardian of an infant, upon the recovery of a judgment, or the obtaining  of  an  award  in  behalf  of the said infant, or upon any compromise or  settlement of such claim, the attorney may apply,  upon  notice  to  the  guardian, to the judge, justice or surrogate before whom the said action  or  proceeding  was  tried,  or to whom an application for compromise or  settlement was made, in case the said action or proceeding was tried, or  the said application was made at a court held within this state; or to a  special term of said court, in case the said action  or  proceeding  was  tried before some person other than a justice thereof, or said claim was  compromised  or  settled  after  said  suit was begun, or in case of the  death or disability of the judge or justice before whom the  action  was  tried;  or  to  special  term of the supreme court in case the recovery,  award, compromise or settlement was not had in any court of this  state.  Such  application  shall  set  forth  briefly the contract, the services  performed by the attorney and pray  that  there  be  awarded  to  him  a  suitable  amount  out  of  the recovery, award, compromise or settlement  obtained through his efforts as attorney on behalf of  the  infant.  The  court,  judge or surrogate to which such application is made, upon being  satisfied that due notice of the said application as been given  to  the  said  guardian,  shall  proceed  summarily to determine the value of the  services of said attorney, taking such proof from either the attorney or  the guardian by affidavit, reference or  the  examination  of  witnesses  before  the  said court, judge or surrogate, as may seem to be necessary  and proper, and shall thereupon make an order determining  the  suitable  compensation  for the attorney for his services therein, which sum shall  thereafter be received by the said attorney for his services  in  behalf  of  the  said infant; and no other compensation shall be paid or allowed  by the guardian for such services out of the estate of said infant.   If  a  copy  of such order awarding the compensation with notice of entry be  thereafter served by the said attorney upon the  adverse  party  to  the  said  litigation  or the person making such compromise or settlement and  upon the custodian of  the  funds  recovered,  in  case  there  be  such  custodian,  such  award shall become and constitute a lien to the amount  thereof on behalf of  the  said  attorney  upon  such  recovery,  award,  settlement or fund.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Jud > Article-15 > 474

§  474. Compensation of attorney or counsellor. The compensation of an  attorney or counsellor  for  his  services  is  governed  by  agreement,  express  or  implied,  which  is  not  restrained by law, except that no  agreement made hereafter between an attorney and a guardian of an infant  for the compensation of such attorney, dependent upon the success of the  prosecution by said attorney of a claim belonging to said infant, or  by  which  such attorney is to receive a percentage of any recovery or award  in behalf of such infant or a sum equal to  a  percentage  of  any  such  recovery  or  award,  shall  be  valid  or  enforceable  unless  made as  hereinafter provided. An attorney may contract with the guardian  of  an  infant  to prosecute, by suit or otherwise, any claim for the benefit of  an infant for a compensation to said attorney dependent upon the success  in the prosecution of such claim, subject to the power of the court,  as  hereinafter  provided, to fix the amount of such compensation.  Whenever  such a contract shall have been entered into between an attorney  and  a  guardian of an infant, upon the recovery of a judgment, or the obtaining  of  an  award  in  behalf  of the said infant, or upon any compromise or  settlement of such claim, the attorney may apply,  upon  notice  to  the  guardian, to the judge, justice or surrogate before whom the said action  or  proceeding  was  tried,  or to whom an application for compromise or  settlement was made, in case the said action or proceeding was tried, or  the said application was made at a court held within this state; or to a  special term of said court, in case the said action  or  proceeding  was  tried before some person other than a justice thereof, or said claim was  compromised  or  settled  after  said  suit was begun, or in case of the  death or disability of the judge or justice before whom the  action  was  tried;  or  to  special  term of the supreme court in case the recovery,  award, compromise or settlement was not had in any court of this  state.  Such  application  shall  set  forth  briefly the contract, the services  performed by the attorney and pray  that  there  be  awarded  to  him  a  suitable  amount  out  of  the recovery, award, compromise or settlement  obtained through his efforts as attorney on behalf of  the  infant.  The  court,  judge or surrogate to which such application is made, upon being  satisfied that due notice of the said application as been given  to  the  said  guardian,  shall  proceed  summarily to determine the value of the  services of said attorney, taking such proof from either the attorney or  the guardian by affidavit, reference or  the  examination  of  witnesses  before  the  said court, judge or surrogate, as may seem to be necessary  and proper, and shall thereupon make an order determining  the  suitable  compensation  for the attorney for his services therein, which sum shall  thereafter be received by the said attorney for his services  in  behalf  of  the  said infant; and no other compensation shall be paid or allowed  by the guardian for such services out of the estate of said infant.   If  a  copy  of such order awarding the compensation with notice of entry be  thereafter served by the said attorney upon the  adverse  party  to  the  said  litigation  or the person making such compromise or settlement and  upon the custodian of  the  funds  recovered,  in  case  there  be  such  custodian,  such  award shall become and constitute a lien to the amount  thereof on behalf of  the  said  attorney  upon  such  recovery,  award,  settlement or fund.