While most practitioners rarely worry about the contingency fee arrangements they have with their clients, Surrogate’s Court practitioners should be aware of the potential vulnerabilities of such arrangements. The difference stems from the authority granted to Surrogates under the Surrogate Court Procedure Act’s Section 2110 (SCPA 2110).
Under SCPA 2110, the Surrogate may, at any time, review the reasonableness of legal fees paid to an attorney. In assessing reasonableness, the Surrogate is required to consider the size of the estate, the professional standing of the attorney, the complexity of the issues involved, the results achieved, and the actual time spent performing the legal services. See Matter of Potts, 213 A.D. 59 (4th Dept. 1925), aff’d 15 N.Y.2d 588 (1925).
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