Muhammad M. Alam

The plaintiff's former lawyer moved to be removed as lawyer of record and for a charging order against any future settlement or judgment in a personal injury action.

The client had terminated the contingency fee retainer and attempted to negotiate directly with the defendant insurer to avoid paying legal fees.

The court granted the motion, finding that the lawyer had brought the action to the eve of trial and any future recovery would be through the instrumentality of his efforts.

The mother and litigation guardian of two minor plaintiffs brought a motion for approval of a tort settlement arising from a motor vehicle accident.

The court reviewed the contingency fee agreement between the litigation guardian and the plaintiffs' solicitor.

The court found the agreement to be confusing, inconsistent, and therefore unfair at the time it was entered into.

Furthermore, the court found the fees calculated under the agreement to be unreasonable given the straightforward nature of the case and the lack of liability risk.

The court reduced the solicitor's fees to $2,500 per minor claimant and approved the net settlement amounts to be paid to the litigation guardian.