NUMBER 247 1926

Question. In the opinion of the Committee, is it proper for a special guardian appointed in an accounting proceeding in the Surrogates’ Court to request the attorneys for the accounting parties to agree on the amount of his compensation in advance of the making and filing of his report?


Answer. In the opinion of the Committee, the opportunities for abuse in making an agreement to his fees a condition precedent to the delivery of his report are so obvious that the conduct should be disapproved. After the guardian has performed his services and delivered or filed his report, it would not be improper for him to seek the approval of his proposed charge.