Section 16-117-405 - Employment of counsel by assignee

In case any portion of the property involved in the assignment becomes involved in litigation, that fact, when made known to the circuit court by the assignee, shall authorize the circuit court to direct the assignee to employ counsel either to prosecute or defend in the litigation. The circuit court shall stipulate in the order the percentage to be allowed the attorney as the fee for his or her services, which is to be paid out of the estate.Acts 1895, No. 109, § 5, p. 162; C. & M. Dig., § 491; Pope's Dig., § 528; A.S.A. 1947, § 36-306; Acts 2003, No. 1185, § 241.