The plaintiffs brought a motion to approve a $2.37 million settlement for a minor who was catastrophically injured when struck by a motor vehicle.
While the court found the overall settlement amount reasonable and in the minor's best interests, it scrutinized the proposed 25% contingency fee of $565,000.
Applying the Solicitors Act, the court found the fee agreement was neither fair nor reasonable, noting it was signed years after the retainer began, the case lacked significant complexity or risk on liability, and the docketed time was vastly lower than the proposed fee.
The court reduced the approved legal fees to 15% of the total award ($355,500) and ordered a newly structured settlement reflecting this reduction.
