How do y’all handle attorneys fees award in your retention agreements? Right now I have it as basically a bonus in addition to the contingency, but I have a potential client asking that it be deducted from the gross amount for purposes of calculating the contingency.

My thing is, the fight for attorneys fees is a huge fight in and of itself (not to mention rarely awarded). What incentive do I have to fight for a fee award if I’m not really benefiting from it??

(Cont. in comments)

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The client can pound sand. The fees are yours and have nothing to do with compensating the client’s injury.

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I know to him it feels selfish, but to me, I’m the one taking a huge risk fronting these cases. And every dollar I recover virtually goes back into my practice to do it again. Plus this case is Title IX where the US supreme court has already said pain and suffering damages are no longer available. So it’s not like it’s going to be a big verdict.

Side note— my practice is sexual assault, CSA, and sexual harassment in the workplace and the risk of my clients deciding it’s too much or going MIA due to their trauma (after ive poured a ton of work into their case) is already so high.

You’re in federal court with an extraordinarily challenging field of law, putting up a huge amount of money for a very long time with little chance of success so the fees should 100% be yours no question. Has a CSA Title IX claim ever survived summary judgment? I don’t think one ever has for an accused, only breach of contract, but idk about claimant side. Feel like the best way to maximize damages is occupational experts etc

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Also— the reason I had it this way is because my old firm did it this way. And I remember talking to the partner about it thinking it seemed unfair to the client, but he made it seem like everyone did this.

I guess another option is to add the attorney fee award amount to the aggregate recovered for purposes of contingency, and that solves the incentive problem.

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