Section Gal 503.10 - Fees(a) A guardian ad litem appointed by a court and paid by public funds shall not accept any additional payment from any party or other source for services performed on the case, unless otherwise authorized by the court, provided, nonetheless, that a guardian ad litem who has been served with a subpoena may accept a witness or mileage fee authorized by statute, court rule, or other law for appearance pursuant to a subpoena.(b) If a guardian ad litem in any publicly-funded case files any motion to exceed any cap or limit on fees, the guardian ad litem shall, at or before the time of filing, provide a copy of the motion to the person or persons who may be responsible for the reimbursement of the public funds.(c) In the case of a private fee arrangement relating to the services of a guardian ad litem, the guardian ad litem shall: (1) Execute with the responsible parties or party an agreement in writing regarding fees and expenses which specifies: a. The person or persons responsible for payment;b. The amount of the rate to be charged;c. The method for calculating the fees and expenses billed; andd. Either: 1. An estimate of the cost of anticipated expenses and services expected to be performed; or2. A specific amount to be charged which will not be exceeded absent an order of the court; (2) Specify in any agreement in writing under (c) (1) above either:a. The allocation of responsibility for payment between or among the parties; orb. That the designation or allocation of responsibility for payment may be made by the court and that the court's order relative to payment shall be binding; and(3) Provide a copy of the agreement in writing described in (c) (1) above to all parties to the agreement.(d) In the case of a private fee agreement where it is necessary for the guardian ad litem, in order to fulfill his or her obligations, to charge fees in excess of the estimated cost of anticipated expenses and services, or in excess of the specified amount, originally stated under (c) (1) d. above, the guardian ad litem shall: (1) Provide, in writing, to the parties either:a. An adjusted written estimate of the cost of anticipated expenses and services expected to be performed; orb. A new specific amount to be charged which will not be exceeded absent an order of the court;(2) File a motion with the appointing court requesting authorization to charge a specific amount in excess of the initial fee agreement, specifying therein: a. The amount of the original estimate or specification;b. The specific amount in excess of the original estimate or specification that the guardian ad litem wishes to charge and the reason for the adjustment; andc. A statement as to whether or not each of the responsible party or parties consents to the motion; and(3) Provide a copy of the motion to the person or persons who is or may be responsible for the payment of any fee or cost, at or before the time of the filing of the motion identified in (d) (2) above.(e) In the case of a private fee agreement that has once been altered under paragraph (d) above in which it is necessary for the guardian ad litem, in order to fulfill his or her obligations, to again exceed any amended amount, the guardian ad litem shall proceed in accordance with paragraph (d) above as to any further agreement.(f) If, at the conclusion of a case, the guardian ad litem is in possession of any unearned fees, he or she shall return those fees to the person who paid them to the guardian ad litem, or in such other manner as that person or the fee agreement may direct.(g) A guardian ad litem shall not enter into any contingent fee agreement for his or her services.N.H. Code Admin. R. Gal 503.10
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.