2013 New York Consolidated Laws
JUD - Judiciary
Article 15 - (460 - 499) ATTORNEYS AND COUNSELLORS
474 - Compensation of attorney or counsellor.

 
    §  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.