Have Questions? Contact Us.
Since its inception, NYCLA has been at the forefront of most legal debates in the country. We have provided legal education for more than 40 years.
ETHICS OPINION 247
NUMBER 247 1926
Question. In the opinion of the Committee, is it proper for a special guardian appointed in an accounting proceeding in the Surrogates’ Court to request the attorneys for the accounting parties to agree on the amount of his compensation in advance of the making and filing of his report?
Answer. In the opinion of the Committee, the opportunities for abuse in making an agreement to his fees a condition precedent to the delivery of his report are so obvious that the conduct should be disapproved. After the guardian has performed his services and delivered or filed his report, it would not be improper for him to seek the approval of his proposed charge.