- 7 - To be approved under New York law, requested attorney's fees must be reasonable. In re Potts' Estate, 209 N.Y.S. 655, 657 (App. Div.), affd. 150 N.E. 568 (N.Y. 1925). The New York Court of Appeals has enumerated the following factors to be considered in determining whether attorney's fees are reasonable: (1) The time and labor required; (2) the difficulty of the questions involved, and the skill required to handle the problems presented; (3) the lawyer's experience, ability, and reputation; (4) the amount involved and benefit resulting to the client from the services; (5) the customary fee charged by attorneys in the community for similar services; (6) the contingency or certainty of compensation; (7) the results obtained; and (8) the responsibility involved. In re Estate of Freeman, 311 N.E.2d 480, 484 (N.Y. 1974). After analyzing each of the Freeman factors, we conclude that the $368,100 in attorney's fees is reasonable under New York law. First, the fees received by HBW were consistent with reasonable customary fees for similar services. Petitioner presented sufficient evidence to establish that in Monroe County attorneys customarily receive fees equal to one executor's commission for representing an estate. The Monroe County Surrogate's Court awarded HBW fees equal to approximately one executor's commission. In addition, the $368,100 fee was equal to 2.09 percent of the gross estate. New York courts have held that a fee award equal to 3 percent of the gross estate isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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