Menu:

• Home
• Basis for the Lawsuit
• No Retaliation
• Damages Being Sought
• Expected Timeframe
• Attorneys' Fees
• Opt-In Process & Consent Form
• FAQ
• Case Developments
• Other Cases

How are attorneys' fees and expenses computed?

First, you should know that all initial expenses in connection with the case are being advanced by the attorneys. In the event of a recovery, the costs advanced by the attorneys will be reimbursed to the attorneys out of any recovery. The attorneys fee contract is for a 1/3 attorneys' fee payable to the attorneys only in the event of a recovery. Remember, all costs associated with the case are being advanced during the case and being paid by the law firms.

Should the case not result in a settlement to you or favorable judgment, neither you nor your fellow officers will be responsible for repayment to any of the attorneys or anyone for any of the costs incurred. In the event of a favorable recovery, attorneys' fees will be paid to the attorneys from your portion of the recovery. At that time the costs advanced by the attorneys will be reimbursed from the recovery based upon the percentage of your recovery as it relates to the total recovery. Should the case go to trial and we are successful, we will request that the judge award attorneys' fees to be paid by the City.

In the event the judge requires the City to pay any attorneys' fees, the amount awarded by the Court would be credited to you on a pro rata basis of your share of the 1/3 attorneys' fees and, accordingly, provides you with an offset of the fees due under your contract with the attorneys. This has the effect of increasing your net recovery by offsetting the amount you pay and actually putting your share of any court awarded fees in your pocket. The judge has the discretion to award fees, but that does not mean they will actually be awarded. You can be assured they will be pursued. We will likewise request costs be awarded if we are successful in the event of trial. Any expenses ordered to be paid by the City would be credited to the costs advanced by the attorneys. Any remaining costs to be reimbursed to the attorneys will then be repaid to the attorneys on a pro rata basis based upon each individual officer's share of the total recovery.

© 2009 Clark Mason Attorneys | Hare, Wynn, Newell & Newton LLP