Posted Dec 30, 2010 by Daniel J. Hansen on How much can an attorney charge to represent me in a Zadroga 9/11 Compensation claim?
Essentially, lawyers’ fees in Zadroga Act claims are capped at 10% of the compensation recovered on behalf of the client. This is fair, and also different than the 25% fees (previously 33 1/3% fees before lowered by Judge Hellerstein) which are being charged in the present 9/11 litigation against New York City and the Port Authority, etc. The actual statute states as follows:
‘(e) Attorney Fees-
‘(1) IN GENERAL- Notwithstanding any contract, the representative of an individual may not charge, for services rendered in connection with the claim of an individual under this title, more than 10 percent of an award made under this title on such claim.
‘(A) IN GENERAL- Except as provided in subparagraph (B), in the case of an individual who was charged a legal fee in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii), the representative of the individual may not charge any amount for compensation for services rendered in connection with a claim filed under this title.
‘(B) EXCEPTION- If the legal fee charged in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii) of an individual is less than 10 percent of the aggregate amount of compensation awarded to such individual through such settlement, the representative of such individual may charge an amount for compensation for services rendered to the extent that such amount charged is not more than–
‘(i) 10 percent of such aggregate amount through the settlement, minus
‘(ii) the total amount of all legal fees charged for services rendered in connection with such settlement.
‘(3) DISCRETION TO LOWER FEE- In the event that the special master finds that the fee limit set by paragraph (1) or (2) provides excessive compensation for services rendered in connection with such claim, the Special Master may, in the discretion of the Special Master, award as reasonable compensation for services rendered an amount lesser than that permitted for in paragraph (1).’.