N.Y. Judiciary Law § 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.