GIVEN THE HOURS EXPENDED AND RESULTS SECURED, FEE AWARD WAS BUMPED UP
After a personal injury case was settled from over $700,000, “law firm 2” -- who had replaced “firm 1” -- moved for an allocation of the contingency fee. And, ultimately, the Kings County Supreme Court awarded “firm 1” 60% of the fee, while “firm 2” got 40%.
On appeal, the Appellate Division, Second Department, noted that firm 2 had expended about 67% of the total hours spent on the case, worked on “more complex issues requiring a higher level of skill than [firm 1’s] work during the early stages of the action,” and was able to secure a higher settlement offer than was proposed during firm 1’s representation.
Finding that the court below had “improvidently exercised its discretion” in this instance, the AD2 modified the outcome and awarded "firm 2" 80% of the fee.
No pain, no gain?# # #
DECISION