Section 41 Attorneys Hired Between Settlement and Allocation

• Library: Damages 2012

Sometimes, a lawyer that played no role in the work-up and settlement of a case is retained between settlement and allocation to represent a person entitled to participate in the proceeds in the judicial allocation. Several cases have looked at this situation and held that the contract between the persons entitled to participate and their attorneys governs. See, e.g., Keene v. Wilson Refuse, Inc., 788 S.W.2d 324 (Mo. App. E.D. 1990) (court refused to address the fairness or conscionability of attorney fees...