Chief Judge Jonathan Lippman wrote that while the one-third standard for lawyers' contingency fees is well-known, the Court of Appeals has never before passed judgment on how a statutory fee award to lawyers should affect the fee agreement they make with clients. He said the court would rely on how the federal courts have ruled on the same issue.
April 04, 2014 at 12:00 AM
1 minute read
ALBANY – The state’s highest court on Thursday adopted the federal approach for determining payments to attorneys entitled to both contingency fees on jury verdicts and to statutory counsel awards.
Relying on federal precedents to resolve a question of first impression, a unanimous Court of Appeals determined that attorneys can collect whichever fee is higher, but they can’t collect both.
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