observing that “[t]hose federal courts which have considered the issue of an attorney’s recovery of both the court awarded statutory fee and the entirety of the contingent fee amount, have disallowed the arrangement as inappropriate and a windfall to the attorney”
How later courts described this case
- observing that “[t]hose federal courts which have considered the issue of an attorney’s recovery of both the court awarded statutory fee and the entirety of the contingent fee amount, have disallowed the arrangement as inappropriate and a windfall to the attorney”
Written by the judges who cited it.
The opinion
SIMMS, Justice,
concurring specially:
¶ 1 I concur with the majority, however, I would find respondent Nation is also subject to discipline and publicly censure him for his participation in this fee arrangement. Additionally, I would order both respondents to make restitution to Mr. Dodoo of the $20,000 contingent attorney’s fee. Even though restitution may undoubtedly be obtained in the district court, I would resolve the issue in this discipline matter. Respondents obtained a windfall recovery which they were not entitled to receive and I would order them to return it to their client as restitution.
WATT, Justice, dissenting:
I would suspend each respondent for some period of time.