The economy is in such a downturn that even the courts are dishing out pay cuts for attorneys. Attorneys who make some or all of their living off of the hope that a contingency fee agreement amounts to some pecuniary award have been handed the additional fear and financial uncertainty that a decision to reject a settlement offer could result in the court throwing it back in the attorney’s face in the form of a fee reduction. Apparently, prevailing at trial no longer means you will get paid a reasonable sum for winning.
In the recent 3rd U.S. Circuit Court of Appeals case of Lohman v. Duryea Borough , the court reviewed a decision from the district court in a wrongful discharge case based on First Amendment retaliation. Following trial, the jury found for the plaintiff on one of the three claims. The plaintiff was awarded $12,205 in lost wages and nominal damages, as noted in the 3rd Circuit opinion. Since the plaintiff did not win on all counts, the district court dubbed this a mere “partial success.”
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