Lawyers in the U.S. Department of Justice and a former U.S. Senator have all come out against the plaintiffs’ attorney fee request in Cobell v. Salazar.  Plaintiffs’ lawyers in the case are seeking $224 million in attorney fees and expenses.  The historic class action was filed in June 1996 against the federal government for the mismanagement of Native Americans trust accounts stemming from the use of land for oil, gas, and minerals.  The civil litigation lasted for fourteen years and resulted in a landmark $3.4 billion settlement, one of the largest settlements in U.S. history.  The fee request represents 6.588% of the total settlement.

DOJ Civil Division attorney Robert Kirschman, Jr. filed the government’s opposition to the plaintiffs’ fee request (pdf).  DOJ said the demand for compensation goes against promises lawyers for the class representatives made during settlement talks in 2009.  The plaintiffs’ attorneys, DOJ lawyers said, agreed not to ask for more than $99.9 million in fees, expenses, and costs.  Plaintiffs’ lawyers argue that they never agreed to “cap” fees and that the fee is justified given the length and complexity of the case.

Last week, former U.S. Senator Byron Dorgan (D-ND), who helped facilitate settlement talks with the parties, called the plaintiffs’ fee request “shameful.”  “For the attorneys to argue for this amount of money now undermines the very interests of the victims they were representing,” Dorgan said.  Dorgan is now the co-chair of Arent Fox’s government relations practice in Washington, DC.

Senior Judge Thomas F. Hogan has the final say on attorney fees and any incentive award.  A fairness hearing is set for June 20, 2011 in U.S. District Court in Washington, DC.

CLICK HERE for a copy of plaintiffs’ fee request.

CLICK HERE for a copy of plaintiffs’ incentive fee request.

For more information visit http://www.indiantrust.com