Consumer Law

Ferry Victim Wants to Pay Attorney?s Contingency Fee, Despite Judge?s Interference

By Andy Hoffman

Last September, we told you about a former Fulton Fish Market worker named James McMillan who was left a quadriplegic as a result of the 2003 Staten Island Ferry crash.

The gist of the story was related to McMillan?s fee arrangement with his attorney, Evan Torgan.  Torgan, who had fought and won at trial on McMillan?s behalf, inexplicably had his fee reduced by the judge from 33 percent down to 20 percent (shaving $2.5 million from what Torgan had coming to him).  This left Torgan with roughly the same amount he would have gotten had he ducked the trial altogether and accepted the city?s lowball settlement offer on McMillan?s behalf.

At the time, the judge had said to Torgan, ?If the client should give you a gift of two and a half million dollars, I?m not approving or disapproving it.? 

Well, remarkably, nine months later, that is effectively what ?the client? McMillan is attempting to do.  McMillan told a New York Federal Court magistrate last Wednesday that he wants to pay Torgan?s original fee?despite the judge?s $2.5 million reduction?even though it would ultimately come out of his own pocket.

"May I just say one thing? It's from the heart," McMillan said to the magistrate judge, his voice "cracking." "I think [the fee cut] is very unfair...This man has walked with me through things that people wouldn't understand."   McMillan added, "I want him to have it. He worked for it."

Full post as published by ThePopTort on June 08, 2009 (boomark / email).