DECISION In this probate proceeding the court appointed Marc L. Stern, Esq., as guardian ad litem (hereinafter “GAL”) to protect the interests of Cian Hosoi, an infant under the age of fourteen years, and a distributee of the post-deceased distributee, Lola Kelleher. In determining reasonable compensation for legal services rendered by a GAL, the court may consider a number of factors. These include, but are not limited to (i) the time spent (see Matter of Kelly, 187 AD2d 718 [2d Dept 1992]); (ii) the complexity of the questions involved (see Matter of Coughlin, 221 AD2d 676 [3d Dept 1995]) and the nature of the services provided (see Matter of Von Hofe, 145 AD2d 424 [2d Dept 1988]); (iii) the amount of litigation required (see Matter of Sabatino, 66 AD2d 937 [3d Dept 1978]); (iv) the amounts involved and the benefit resulting from the performance of such services (see Matter of Shalman, 68 AD2d 940 [3d Dept 1979]); (v) the lawyer’s experience and reputation (see Matter of Brehm, 37 AD2d 95 [4th Dept 1971]); and (vi) the customary fee charged by the Bar for similar services (see Matter of Potts, 123 Misc 346 [Sur Ct, Columbia County 1924], affd 213 AD 59 [4th Dept 1925], affd 241 NY 593 [1925]; Matter of Freeman, 34 NY2d 1 [1974]). A determination of reasonable compensation to be awarded to a GAL is within the sound discretion of the court (Matter of Twombly, NYLJ, Oct. 28, 2022 at 14, col 2 [Sur Ct, NY County 2022], citing Matter of Garrasi, 91 AD3d 1085, [3d Dept 2012]). “The appointment of a GAL is personal and, as such, a GAL should assume all responsibility for the matter and is expected to perform all the substantive legal services on the case” (In re Estate of Wolf, NYLJ, July 25,2024 at 8, col 3 [Sur Ct, NY County 2024] ["The court personally appointed GAL to protect his ward's interests, not his associates."]; see Matter of Chiang, NYLJ, May 20, 2016 at 29, col 3 [Sur Ct, NY County 2016] [allowing a portion of work by associates of GAL when records showed that their work was supervised by GAL]; Matter of Kaborycha, NYLJ, Dec. 31, 2001 at 17, col 1 [Sur Ct, Nassau County 2001] ["[I]t is the expectation of this court that an appointed guardian ad litem will use his or her own expertise, and not the expertise of an associate, in representing the ward’s interests and filing a report to aid the court in rendering a decision.”]). In addition to his own work, GAL requests reimbursement for work performed by another attorney at his firm, and by two “estate administrators,” reporting that they all spent a total of 9 hours and 18 minutes working on this appointment. GAL includes time spent emailing and communicating with the “estate administrators” and the other attorney in his affidavit of legal services. GAL requests a fee of $715 per hour for work done by himself. For the work done by the other attorney, GAL requests fees ranging from $680 to $630 per hour. For the work done by the “estate administrators,” GAL requests fees ranging from $315 to $300 per hour. GAL requests a total fee of $6,204.50. While the hourly breakdown does state which attorneys and “estate administrators” performed which tasks, it does not specify if GAL supervised them, nor is there an affirmation of legal services by the other attorney. Moreover, the other attorney is not eligible to serve as a GAL in New York County. Therefore, the court will award compensation for substantive legal services rendered only by GAL and the services rendered by the “estate administrators.” Based on the information provided, GAL performed 6.9 hours of work, the other attorney performed 1.5 hours of work, and the “estate administrators” performed 0.9 hours of work. After review of the time records, the court will allow compensation for the 6.9 hours of work performed by GAL. The court will allow compensation for the 0.9 hours of work performed by the “estate administrators.” The billing rate is excessive given the lack of complexity in this matter. The court will reduce the hourly rate awarded to $400 per hour for the work done by GAL, a rate well within the bounds of the customary fee charged for services of the nature performed by GAL. The court will reduce the bill for the work performed by the “estate administrators” to a total of $175.00. Accordingly, Marc L. Stern, Esq.’s compensation as guardian ad litem is set at $2,935.00. The Clerk of the Court is directed to email a copy of this decision, which constitutes the Order of the Court, to the parties at the addresses listed below. Dated: January 21st, 2025
