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Lawsuit Question For those in the KNOW....

Discussion in 'Other Off Topic Forum' started by BLUROAD, Apr 11, 2014.

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  1. BLUROAD

    BLUROAD F1 Veteran

    Feb 3, 2006
    6,081
    Tustin Ranch, Cali
    Full Name:
    Enrico Pollini
    #1 BLUROAD, Apr 11, 2014
    I am involved in a small class action. The case was recently denied a motion to move to a class action because they could not determine all of the employees were effected equally.

    The previous employer offered a settlement of X amount plus X to the attorneys plus expenses in an offer.

    My question. The settlement I am being offered equals 25 percent of the total settlement

    My Original Fee agreement with the attorney is for 60/40 me and them.

    Does my original Fee agreement supersede the offer? And can the Previous Employer/attorneys for the other side dictate an offer in this reverse math?

    Thanks for any help....
     
  2. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,896
    #2 CornersWell, Apr 20, 2014
    If the class action isn't certified, it's open territory, and you're on your own.

    I think you'd need to understand from your counsel what he/she is expecting if it's anything different than the engagement agreement. Generally, contracts are binding. So, your counsel has the ability to recover the 40% from any award you receive. However, they are presumably involved in the negotiations (as ex parte communications are illegal, almost all offers will end up going through counsel). Thus, they are already likely aware of the conflicting terms. It makes sense for you to address this with them directly.

    However, if the attorney's fees are an impediment to settlement, a good counsel will understand that and often agree to amend the original agreement. That's within their power. You may have to sell that to them, but they would recover their fees under this agreement, even though they don't profit under the settlement beyond that payment.

    CW
     
  3. BLUROAD

    BLUROAD F1 Veteran

    Feb 3, 2006
    6,081
    Tustin Ranch, Cali
    Full Name:
    Enrico Pollini
    #3 BLUROAD, Apr 21, 2014
    Thanks... Already working them. Learning a lot about poker.... :)
     

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