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Harris v. Boland

Decided: December 28, 1983.

ARNOLD HARRIS, PLAINTIFF,
v.
JAMES BOLAND, DEFENDANT



Simpson, A.j.s.c.

Simpson

[193 NJSuper Page 738] This is an application under R. 1:21-7(f) for approval of an attorney's fee in excess of the contingent fee provided for in a retainer agreement or allowable pursuant to R. 1:21-7(c). The agreement, dated December 15, 1978, accords with R. 1:21-7 except that instead of the percentages in subsection (c) it provides for a contingent fee of "one-third of the net recovery subject to the Rules of Court." The application is for such one-third, counsel having contracted for less than the 50% and 40% permitted under subsection (c)(1) and (2) as to the first $1,000 recovered and next $2,000 recovered, respectively. The net aggregate recovery was $244,361 calculated pursuant to R. 1:21-7(d) by deducting $5,639 of disbursements from the gross

recovery of $250,000. In effect, the requested increases are from 25% to 1/3 on the second $50,000 of recovery and from 20% to 1/3 on the last $144,361 of recovery:

R. 1:21-7(c) % On Allowable Requested

(1) Retainer Agreement 33 1/3 $1,000.00 $333.33 $333.33

(2) Retainer Agreement 33 1/3 2,000.00 666.67 666.67

(3) Rule 33 1/3 47,000.00 15,666.67 15,666.67

(4) Rule 25 50,000.00 12,500.00 16,666.67

(5) Rule 20 144,361.00 28,872.20 48,120.33

----------- ---------- ----------

$244,361.00 * $58,038.87 ** $81,453.67

** Requested fee rounded to $81,453.00

* Allowable per rule rounded to ...


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