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Re: Can applicants attorneys fees be increased beyond 18%? (Cali

PostPosted: Mon Jun 22, 2009 11:50 am
by davidd
If I told you who, you would understand...

Re: Can applicants attorneys fees be increased beyond 18%? (Cali

PostPosted: Mon Jun 22, 2009 11:59 am
by newbie
Thank you,

Steve p, Steve a, and David,

I have appreciated all of your replies.

David, I will do exactly as you have recommended.

Re: Can applicants attorneys fees be increased beyond 18%? (Cali

PostPosted: Mon Jun 22, 2009 12:01 pm
by stevepsca
I do not have any type of "scheme" going on here, however I do have a wish to pay them what I believe they deserve, yes. If I had a scheme going on I would not be posting on a legal board asking attorneys advice if there is a legal way to do this. I assure you, I have only the best intentions by my questions on this board.
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Why would you take that as a 'bad thing'.. you have a plan/wish,... scheme in mind to compensate your AA's more than the judges award as an average.

The information provided here has not indicated you cannot do this... in fact davidd has provided a detailed 'scheme' whereby you are likely to prevail in your wishes.

Bottom line is... a judge must approve any AA fee, regardless of your 'scheme' or an AA's detailed account of the extraordinary work involved in your representation.

I am still wondering however...
... as you have realized your 'unreasonable expectations' with the first two AA's... why didn't you just return to one of those instead of retaining yet a Third AA...?
I have tried to research this, however cannot find any case law that states a firm limit on attorneys fees.

Case law, or en bacn decisions would only appear if there were an AA who disputed the fee awarded, and take the issue to a higher court. Doing so would hardly enhance an attorneys standing in the community.

If you go to http://www.leginfo.ca.gov/calaw.html and search ''applicant attorney fees'' and check 'labor code' box... you are likely to find additonal information on your questions.
More is also available here...http://www.dir.ca.gov/DWC/dwc_home_page.htm

Re: Can applicants attorneys fees be increased beyond 18%? (Cali

PostPosted: Mon Jun 22, 2009 12:29 pm
by newbie
Stevepca,

I apologize, that I may have taken your comment of “scheme” the wrong way. I thought you may have misunderstood my intent ,with my original question.

I appreciate your replies.

Re: Can applicants attorneys fees be increased beyond 18%? (Cali

PostPosted: Mon Jun 22, 2009 2:49 pm
by art...
1) If newbie is in need of an attorney that would indicate his/her case is ongoing.
2) It's always been my understanding AA fees would not be addressed until the case in chief has settled.

What then would the purpose be of filing a DOR for an adequacy hearing at this point in time?

I'm missing something and/or confused.

Thanks...

Re: Can applicants attorneys fees be increased beyond 18%?

PostPosted: Mon Jun 22, 2009 2:50 pm
by davidd
I think we were all assuming that this course of action would be taken at time of settlement.

Re: Can applicants attorneys fees be increased beyond 18%? (Cali

PostPosted: Mon Jun 22, 2009 4:04 pm
by newbie
I am fortunately not in need of hiring another attorney. I recently hired my 3rd attorney, and I am happy with him.

David is correct; this course of action will be attempted at settlement time.