St. John v. Gering Public Schools

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The Supreme Court reversed the decision of the court of appeals affirming the Workers’ Compensation Court in this attorney fee dispute between discharged lawyers and the lawyer who represented the client through a settlement, holding that because the discharged lawyers were entitled to less than the amount awarded by the compensation court under the terms of their fee agreement with their client, the order splitting the fee evenly was erroneous.During the course of his workers’ compensation action with his employer, Edward St. John switched lawyers. St. John settled his claim, and the compensation court held a hearing regarding how much St. John owed his lawyers. The compensation court concluded that one set of attorneys did not contribute more to the end result than the other and directed that Brenda Bartels and Monte Neilan, the discharged lawyers, receive $82,500, and that the lawyer who represented St. John throughout the settlement, James Zimmerman, receive $82,500. The court of appeals affirmed. The Supreme Court reversed, holding that the order splitting the fee evenly was erroneous and that Bartels and Neilan were entitled to receive $32,577.50, and Zimmerman was entitled to receive $132,422.50. View "St. John v. Gering Public Schools" on Justia Law