(a) In any proceeding in which the relief requested includes determination of compensation of an attorney or the allowance of expenses of counsel, there shall be filed with the petition an affidavit of services which shall state when and by whom the attorney was retained; the terms of the retainer; the amount of compensation requested; whether the client has been consulted as to the fee requested; whether the client consents to the same or, if not, the extent of disagreement or nature of any controversy concerning the same; the period during which services were rendered; the services rendered, in detail; the time spent; and the method or basis by which the requested compensation was determined. The affidavit also shall state whether the fee includes all services rendered and to be rendered up to and including settlement of the decree and distribution, if any, thereunder and whether the attorney waives a formal hearing as to compensation.
(b) Except when the SCPA otherwise provides or when compelling reasons exist for so doing, the court shall not fix attorneys’ compensation or make allowances to parties for counsel expenses unless a proceeding is instituted under SCPA 2110 or unless, in an accounting, the petition and citation state that an application will be made for determination of compensation, the allowance of counsel expenses and the amount thereof.
(c) Reports, affidavits and statements relating to fixation of fees and allowances shall be served upon the petitioner and upon all attorneys, guardians ad litem and parties appearing in person (other than those who have theretofore filed waivers). Proof of such service shall be filed with the court.
(d) In any proceeding for the determination of kinship in which an attorney appears for any party not a resident of the United States, the attorney shall institute a proceeding pursuant to SCPA 2110 for the fixation of his or her compensation and shall comply with the provisions set forth in subdivisions (a) through (c) of this section.
Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Feb. 16, 1988; Jan. 12, 1998; April 1, 1998 eff. April 1, 1998. Amended (b).