Harry Dunn Case Update: The Settlement Becomes Unsettled (Money for Lawyers)

The laborer is worthy of his hire, it says in the Good Book. That even applies to highly political Washington law firms. 

Yesterday, Friday October 8, 2021, the first firm of attorneys to represent the Dunn family in its suit against the American driver filed a sealed motion for attorney's fees in the U.S. Court for the Eastern District of Virginia, as well as a sealed memo and eight sealed exhibits in support of the motion. 

The legal firm of Cohen Milstein first met with the Dunn family way back in December 2019, filed the suit in September 2020, and worked for them up until May 2021. That's a lot of billable hours for three partners at about $1,000 each per hour, plus one lesser-paid associate. 

In May, there was a mysterious falling out between Cohen Milstein and their clients which caused the firm to withdraw from the case. A second law firm took over and got the case to settlement - reportedly - one month ago. 

I say reportedly, because I notice that the Dunn family's spokesman / Svengali has referred to it only as a "resolution" whenever he has done media work, which he does a lot of for someone who insists he is 'not allowed to discuss the case.' 

Surely the Dunn family understood they would have to pay their lawyers, even the ones who had separated themselves from the case. The insurance company (and presumably it was the insurance company who covered her and not the driver personally who paid) agreed to a payout a month ago, the amount of which is undisclosed. Now, it seems the matter of how to divvy up the insurance company's payout between the Dunn family and the many lawyers who have represented them is not quite settled. Otherwise, why would Cohen Milstein see a need to file a claim for its fees?  

As best I understand the rules of these things, attorney fees are paid before client claims for damages, and the fees will be determined according to the agreement which the firm and its clients reached back when they signed a contract. Maybe they work on a contingency basis and get a percentage of the settlement payment, usually a third. 

So the old lawyers will get a slice of the settlement, the new lawyers get another one, and the family gets what's left over. I don't know how UK tax laws work, but usually money from damages is not taxed as income, so let's assume the taxman doesn't take yet another bite. 

The millions of dollars that their blowhard advisor promised the family from a U.S. lawsuit McDonalds-coffee-spill-style are melting away. There probably wasn't much of a settlement in the first place, although we don't know that since those details are confidential and have not yet been spilled.

Visions of Ibiza and Marbella may have to give way to more sensibly priced UK holiday destinations.