News & Analysis as of

Fee Agreements

Marshall Dennehey

Commonwealth Court Paves the Way for Workers’ Compensation Fee Agreements Pertaining to Prospective Medical Benefits by Declaring...

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Key Points: A 20% Fee Agreement applicable to all workers’ compensation benefits, indemnity and medical, is per se reasonable and enforceable, regardless of whether the medical expenses have been incurred or will be incurred...more

Winstead PC

Court Held That Estate Beneficiary Was Not Entitled To Jury Trial On Ratification Of Attorney’s Fees Agreement

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In In re Est. of Ellard, a court ratified an executor signing a contingency fee agreement that was over 35% under section 351.152 of the Estates Code. No. 05-22-01149-CV, 2024 Tex. App. LEXIS 483 (Tex. App.—Dallas January 25,...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Fee Sharing Between Lawyers Under ABA Rule 1.5(e): How to Protect Yourself and the Client

I. Introduction - When done correctly, fee-sharing arrangements between lawyers can be lucrative for lawyers while simultaneously maximizing the quality of legal representation for the client without increasing the cost....more

Hinshaw & Culbertson - Lawyers for the...

Florida Appellate Court Invalidates Arbitration Provision in Fee Agreement for Violating Florida Bar Rules

Labelle v. Berenson LLP, 2023 Fla. App. LEXIS 8693 - Brief Summary - In a legal malpractice action arising out of an underlying commercial dispute, Florida's Third District Court of Appeal reversed and remanded a trial...more

MG+M The Law Firm

Get it in Writing or Else! Business Broker or "Finder's" Agreements

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The economy relies on brokers to connect parties with mutual business interests and needs, whether it is the sale of real estate, procurement of insurance, or joint investment. The broker plays a very important role in...more

LawVision

Building Stronger Client Bonds Through Strategic Rate Setting

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Following up on my recent piece about navigating the complex landscape of 2024 law firm rate setting, I’d like to delve deeper into the symbiotic relationship between law firms and their clients, especially when discussing...more

A&O Shearman

New Hong Kong Legislation on outcome-related fee structures for arbitration

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On 30 June 2022, Hong Kong enacted framework legislation which introduces legislative amendments aimed at allowing outcome-related fee structures (ORFS) in arbitration and related proceedings (the Amendments). ...more

Conyers

BVI Cross-Border Litigation: The Current State of Cost Recovery

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The Legal Profession Act 2015 (as amended) (the “LPA”) introduced significant changes to regulation of the legal profession in the British Virgin Islands (BVI) , including restrictions aimed at preventing persons not admitted...more

Kennedys

Disclosure of litigation funding arrangements in collective proceedings: a balancing act

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There is a growing trend towards the use of third-party litigation funding (TPLF) in collective proceedings in the UK and globally. The disclosure of TPLF arrangements has recently come under close scrutiny by the Competition...more

Nelson Mullins Riley & Scarborough LLP

Revisiting the Supreme Court’s 2020 Decision in Acevedo Barring Entry of Nunc Pro Tunc Orders: How to Ensure Your Employment and...

In 2020, the United States Supreme Court issued a decision in Archdiocese of San Juan v. Acevedo Feliciano, 140 S. Ct. 696 (2020) strictly limiting the ability of federal courts to enter orders nunc pro tunc[GF1]....more

Vinson & Elkins LLP

A “Measured Approach” to Conditional Fee Agreements with the Enactment of the Legal Profession (Amendment) Act 2022

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On 12 January 2022, the Ministry of Law (“MinLaw”) of Singapore announced various amendments to the Legal Profession Act 1966 (“LPA”), which were subsequently passed in the Legal Profession (Amendment) Act 2022....more

Fox Rothschild LLP

Bifurcated Fee Agreements Approved in Southern District of Florida, But Barred in Western District of Kentucky

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The United States Supreme Court ruled that 11 U.S.C. § 330(a)(1) does not authorize compensation to debtors’ attorneys from estate funds. Lamie v. U.S. Trustee, 540 U.S. 1023 (2004). A chapter 7 lawyer cannot look to the...more

Hogan Lovells

Is Arbitration Finance right for you?

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Would arbitration finance help us? Opening up opportunities / managing risks. Arbitration finance can enable you to bring good claims while reducing or eliminating the costs on your balance sheet, preserving your legal...more

Chartwell Law

Pennsylvania Courts Maintain Protections for Defendants in Fee Agreements

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Despite a recent decision expanding the traditional notions of recoverable attorney’s fees in workers’ compensation cases, the court still maintains protections for defendants with respect to the assessment of attorney’s fees...more

Chartwell Law

VIDEO: Are PA Workers Compensation Attorney Fees Now Taken from Medical Benefits Too?

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The Pennsylvania Commonwealth Court recently held that attorney fees for Pennsylvania Workers’ Compensation claims can be deducted from medical benefits paid on behalf of claimants, in addition to wage loss benefits....more

Balch & Bingham LLP

Eviction During the COVID-19 Crisis

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As the economy continues to slow and business for many comes to a halt due to the spread and uncertainty of the coronavirus (COVID-19), tenants and landlords alike are faced with the inevitable question: what happens when the...more

Proskauer - California Employment Law

Agreement To Divide $4.3 Million in Attorneys’ Fees Was Unenforceable Absent Disclosure About Insurance

Hance v. Super Store Indus., 44 Cal. App. 5th 676 (2020) - The attorneys who represented the employees in a class action filed a motion with the trial court for approval of a settlement of the action and also for an award...more

Butler Snow LLP

Recovering Attorney’s Fees in Texas: Five Lessons

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Obtaining an award of attorneys’ fees might be the final step in a long-waged litigation battle but to do so successfully requires careful planning and diligence from the outset of a case. The Texas Supreme Court recently...more

Hinshaw & Culbertson LLP

According to the California Court of Appeals, An Attorney's Failure to Disclose Lack of Professional Liability Insurance Renders...

Hance v. Super Stores Industries, 2020 Cal. App. LEXIS 60 (Cal. App. Ct. Jan. 23, 2020) - A pair of plaintiffs' class action attorneys, who were seeking court approval of a settlement agreement in their case, had a...more

Morrison & Foerster LLP

Singapore Launches Public Consultation on Conditional Fee Agreements

At present, conditional fee agreements (CFAs) are prohibited under Singapore law, putting Singapore at a disadvantage compared to some other major arbitral seats, such as London. On August 27, 2019, Singapore’s Ministry of...more

Downs Rachlin Martin PLLC

Should I Sue for Personal Injury, Part 5 - Does it ever make sense to negotiate on my own and avoid attorney fees?

Does it ever make sense to negotiate on my own and avoid attorney fees? Insurance companies typically will try hard to settle personal injury claims quickly, before the injured person contacts a lawyer....more

Downs Rachlin Martin PLLC

Should I Sue for Personal Injury? Common Questions, Part 2 - What Will It Cost?

In the 35 years I have been practicing personal injury law in Vermont, the questions I hear most frequently are: Is my injury case worth pursuing?...more

Patton Sullivan Brodehl LLP

Not All Deed of Trust Attorney Fee Clauses are Created Equal

Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more

LawVision

[Event] Legal Pricing Masterclass - October 24th & 25th, Houston, TX

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Please join Colin Jasper and Stuart Dodds of Positive Pricing to learn how to get greater value from your clients by improving your pricing strategy, positioning and conversations. Colin is a world leading consultant on this...more

Faegre Drinker Biddle & Reath LLP

Litigation Funding: A Possible Return of the Damages-Based Agreement

In July 2018, the U.K. Ministry of Justice (MoJ) published its initial assessment of the post-implementation review (PIR) of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which is currently...more

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