Practice point: Judiciary Law § 474 sets forth the general rule, namely, that compensation is governed by the attorney-client agreement, express or implied, which is otherwise not restrained by law.
Practitioners should note that, pursuant to CPLR 1207, if the action involves an infant, a judicially-declared incompetent or a conservatee, a court must approve the attorneys’ fees which are specified in a settlement.
Case: White v. Daimler Chrysler Corp., NY Slip Op 09592 (2d Dept. 2008)
The opinion is here.
Tomorrow's issue: Constructive notice.
