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In the Matter of Hayes

To Fix Reasonable Attorneys Fee, Litigation Counsel Must Submit Specific Information

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Decision and Order on Applications To Seal Court Records and Approve Counsel Fees

*1  By decision and order dated January 19, 2017, the petition of the Administratrix to compromise and settle the wrongful death litigation against General Motors arising out of the decedent’s fatal one-car accident on December 30, 2011 was approved. However, decision was reserved on the amount of attorneys’ fees to be paid to two separate Texas law firms, the Thomas J. Henry — Injury Attorneys (the Henry firm) and Hilliard Munoz Gonzales, LLP (the Hilliard firm) (collectively, “litigation counsel”) because the contingent fee agreement signed by the Administratrix naming both law firms and providing for an attorneys’ fee of 33.3 percent “figured on the total gross recovery” appeared not to be in compliance with either the Texas or New York rules of professional responsibility regarding the division of fees (Texas Disciplinary Rules of Professional Conduct, Rule 1.04[f]; New York Rules of Professional Conduct, 22 NYCRR Part 1200, Rule 1.5[g]). Litigation counsel was then offered the opportunity to submit further information to assist this Court in fixing a reasonable attorneys’ fee for litigation counsel and resolving questions1 concerning expenses related to the multi-district litigation (MDL) venued in the United States District Court for the Southern District of New York involving General Motors (GM) ignition interlock device defects and the settlement of claims (In re General Motors LLC Ignition Switch Litigation, Case No. 14-MD-2543 [JMF] [S.D.N.Y]).*2

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