The torrential downpours of these past summer months have also brought with them a deluge of Surrogate's Court opinions addressed to an array of issues affecting the practice of trusts and estates. From such matters pertaining to the withdrawal of counsel, vacating decrees, the right of election, and the business judgment rule, decisions of interest abound in their variety and scope. Consider the following.
Retaining Lien
In a contested probate proceeding, application was made by counsel for the objectants to withdraw, due to a conflict of interest among its clients, the failure of its clients to cooperate, and significant fees owing to the firm. Counsel also requested that it be granted a retaining lien for all property, documents, monies or securities belonging to its clients in its possession, until its legal fees were paid in full, as well as a charging lien.
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