N.Y. Judiciary Law Section 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.

Source: Section 474 — Compensation of attorney or counsellor, https://www.­nysenate.­gov/legislation/laws/JUD/474 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

460
Examination and admission of attorneys 460‑B
Applications for special arrangements 461
Compensation of state board of law examiners 462
Annual account by state board of law examiners 463
Times and places of examinations 464
Certification by state board of successful candidates 465
Fee for examinations and for credential review for admission on motion 466
Attorney’s oath of office 467
Registration of attorneys 468
Official registration of attorneys to be kept by the chief administrator of the courts 468‑A
Biennial registration of attorneys 468‑B
Clients’ security fund of the state of New York 469
Continuance where attorney is member of legislature 470
Attorneys having offices in this state may reside in adjoining state 471
Attorney who is judge’s partner or clerk prohibited from practicing before him or in his court 472
Attorney who is surrogate’s parent or child prohibited from practicing berfore him 473
Constables, coroners, criers and attendants prohibited from practicing during term of office 474
Compensation of attorney or counsellor 474‑A
Contingent fees for attorneys in claims or actions for medical, dental or podiatric malpractice 474‑B
Attorney retainer statements 475
Attorney’s lien in action, special or other proceeding 475‑A
Notice of lien 476
Action against attorney for lending his name in suits and against person using name 476‑A
Action for unlawful practice of the law 476‑B
Injunction to restrain defendant from unlawful practice of the law 476‑C
Investigation by the attorney-general 477
Settlement of actions for personal injury 478
Practicing or appearing as attorney-at-law without being admitted and registered 479
Soliciting business on behalf of an attorney 480
Entering hospital to negotiate settlement or obtain release or statement 481
Aiding, assisting or abetting the solicitation of persons or the procurement of a retainer for or on behalf of an attorney 482
Employment by attorney of person to aid, assist or abet in the solicitation of business or the procurement through solicitation of a reta... 483
Signs advertising services as attorney at law 484
None but attorneys to practice in the state 485
Violation of certain preceding sections a misdemeanor 485‑A
Violation of certain sections a class E felony 486
Practice of law by attorney who has been disbarred, suspended, or convicted of a felony 486‑A
Conviction for felony of person who is an attorney and counselor at law 487
Misconduct by attorneys 488
Buying demands on which to bring an action 489
Purchase of claims by corporations or collection agencies 490
Limitation 491
Sharing of compensation by attorneys prohibited 492
Use of attorney’s name by another 493
Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by themselves 494
Attorneys may defend themselves 495
Corporations and voluntary associations not to practice law 496
An organization described in subdivision seven of section four hundred ninety-five of this article shall file with the appellate division... 497
Attorneys fiduciary funds 498
Professional referrals 499
Lawyer assistance committees
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 474’s source at nysenate​.gov

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