MHL ARTICLE 81 - New York State Unified Court System

there is no express authority in the statute.
nd
Matter of William S., 253 A.D.2d 557, 677 N.Y.S.2d 371 (2 Dept., 1998); 169 Misc.2d 620; 646
N.Y.S.2d 760 (Sup. Ct., Queens Cty., 1996)
Upon motion of court examiner-fee for private attorney selected by AIP set at zero where attorney
failed to submit affirmation of services detailing work performed and otherwise failed to demonstrate
that she performed any services on behalf of AIP. Although MHL §81.10 does not specifically
provide for court approval of fees paid to private counsel for AIP, court has inherent authority to
supervise same and, in determining reasonable fee, court must consider number of factors. Although
attorney here contends that she could not submit affirmation of services because AIP instructed her
not to reveal certain information to court, and to file affirmation of services would breach
attorney-client privilege, burden of substantiating fee is upon attorney.
Matter of Roy (Lepkowski), 164 Misc.2d 146; 623 N.Y.S.2d 995 (Sup. Ct., Suffolk Cty., 1995
(Luciano, J.)
Where petitioner's counsel successfully obtained court-appointed guardians for property management
and personal needs of AIP, counsel fees will be determined pursuant to MHL§81.16 (f), which
provides for reasonable compensation, and not pursuant to retainer agreement between petitioner and
attorney.
st
Matter of Petty, 256 A.D.2d 281; 682 N.Y.S.2d 183 (1 Dept., 1998)
Where court evaluator determined that petition was weak and guardianship completely unnecessary,
and court “so ordered” petitioners to discontinue proceeding, Supreme Court improperly ordered AIP
to pay court evaluator’s fees, but properly ordered AIP to pay his own attorney’s fees because §81.10
gives court’s discretion to order petitioners to pay court-appointed attorneys, but not the AIP’s
privately retained lawyers when a petition is dismissed.
Matter of Maier, NYLJ, 2/6/98, p. 25, col. 3 (Sup. Ct., Bronx Cty.)(Wilkins, J.)
Attorneys were paid only their retainers in interests of fairness and “community service” that the
bar owes to community.
rd
Matter of Ricciuti, 256 A.D.2d 892; 682 N.Y.S.2d 264 (3 Dept., 1998)
Court not bound by fees set in prior retainer agreement between AIP and counsel. Court sets
reasonable compensation.
Matter of Rocco, 161 Misc.2d 760; 615 N.Y.S.2d 260 (Sup. Ct., Suffolk Cty., 1994)
MHL §81.10 (f) does not authorize court to direct petitioner to pay attorney's fees of AIP’s privately
retained counsel. Section 81.10 (f) authorizes court to direct petitioner to pay fees for MHLS or any
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