• Surrogate's Court, Bronx County
  • Dec 19 2012 (Date Decided)
  • Surrogate Holzman
ESTATE OF JOHANNA C. SMITH, Deceased — In this SCPA 2110 proceeding the petitioner, a daughter of the decedent and the proponent in the underlying probate proceeding, seeks to fix the fee of the attorney who represented her from February 6, 2007 until she discharged him on or about April 18, 2011. In a bill dated June 16, 2011, the respondent indicated that he was owed the sum of $13,970 for legal services performed and disbursements incurred, after he credited the petitioner with $18,326.10 that was previously paid. Specifically, he requests a legal fee of $29,200, based upon an hourly charge of $400 for 73 hours of legal services and disbursements of $3,132.10. The respondent acknowledges receipt of a $16,000 retainer fee and agrees that thereafter, he received an additional $2,362.10 in partial payment of disbursements. The petition requests that the court fix the respondent's fee at $10,000 and certainly at "no more than $17,000."

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