Please ensure Javascript is enabled for purposes of website accessibility

Settlement Proceeds – Contingency Fee Agreement

By: Derek Hawkins//November 11, 2015//

Settlement Proceeds – Contingency Fee Agreement

By: Derek Hawkins//November 11, 2015//

Listen to this article

Civil

7th Circuit Court of Appeals

Officials: RIPPLE, KANNE, and SYKES, Circuit Judges

Settlement Proceeds – Contingency Fee Agreement

No. 13-2434 Williams, Bax & Saltzman, P.C. v. Boley International (H.K.) Ltd

District Court refusal to provide judicial approval to finalize settlement and limitation on amount granted to firm as result of settlement was improper.

“On this analysis, the firm’s fee easily passes muster. At the initial hearing regarding the settlement, the judge acknowledged that the firm “did a terrific job for the client.” In his final order, the judge took note of “the extensive time spent by plaintiffs’ counsel in the hard-fought battle.” There is no disagreement about the complexity of the litigation, which necessitated expansive discovery and the retention of numerous expert witnesses. After all, it was this degree of time-consuming and labor-intensive preparation that drove the litigation expenses deeply (in the district court’s view, too deeply) into the Goesels’ share of the recovery. It’s ironic, then, that the “difficulty of the question[] involved”—which should work in the firm’s favor here—served as a basis for the judge to reduce the firm’s fee. Without either a quantitative or qualitative basis for objection, the firm’s bargained-for compensation cannot be called unreasonable.”

Reversed and Remanded

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests