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Attorney Fees Criticized in NFL Concussion Settlement

August 20, 2014 | Posted in : Fee Dispute, Fee Request

A recent USA Today story, “Attorneys’ Fees Criticized in NFL Concussion Settlement,” reports that the NFL has agreed to pay $112.5 million to the attorneys who sued the league over player concussions, according to the proposed settlement between the league and its former players.  By negotiating attorneys’ fees before the settlement has been approved by a judge, former NFL player Sean Morey told USA Today Sports that he believes the attorneys for the players became “business partners” with the NFL instead of legal opponents.

In Morey’s view, the agreement on legal fees gave attorneys more of an incentive to reach a deal and not hold out for a better benefits package on behalf of their clients.  “By essentially enticing them to become their business partner, (the ex-players’ attorneys) gave away leverage,” said Morey, who last month filed an objection to the settlement along with six other former players.

The fee award is subject to court review.  A fairness hearing on the proposed settlement is scheduled for Nov. 19.  In their objection to the settlement, the critics noted the courts have a duty to look for “subtle signs that class counsel have allowed pursuit of their own self-interests…to infect negotiations.”  In a reply to the critics, the plaintiffs’ attorneys said the fees were not negotiated until after the terms of compensation for class members were resolved.”

For more on this settlement, visit www.nflconcussionsettlement.com