The inherent authority of the courts to fix and determine legal fees and regulate the practice of law has long been recognized by judicial precedent, legal commentators and legislative mandate. Within the context of trusts and estates, the issue of legal fees has found its way into hundreds of decisions, statutory provisions of the SCPA and EPTL, Uniform Court Rules and local court rules. Matter of Freeman, 34 N.Y.2d 1 (1974), Matter of Potts, 213 A.D.59, affd., 241 N.Y. 593 (1925), SCPA �2110 and Uniform Court Rule �207.45 are, indeed, familiar to us all. Familiarity, however, does not necessarily breed a lack of vigilance and concern for decisions and regulations that continue to impact this area of trusts and estates practice. With this in mind, consideration should be given to several significant opinions, rendered within recent months, that have addressed the issue of legal fees, as well as to a new Court Rule affecting the future practice of law and attorney-client relationships.
Attorney’s Fees
