Potter v. Cairn Studio, Inc.

North Carolina Industrial Commission

Potter v. Cairn Studio, Inc.

CourtNorth Carolina Industrial Commission

DecidedApril 17, 1995

DocketI.C. No. 172883

StatusPublished

This text of Potter v. Cairn Studio, Inc. (Potter v. Cairn Studio, Inc.) is published on Counsel Stack Legal Research, covering North Carolina Industrial Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Potter v. Cairn Studio, Inc., (N.C. Super. Ct. 1995).

Pincite

Opinion

Plaintiff's counsel's contract provided that he would receive a relatively small fixed fee if he was unable to obtain a greater recovery than plaintiff had been offered prior to his retention and one-third (1/3) of the recovery if settled for a greater amount after counsel was obliged to prepare for hearing. After a hearing and the filing of a favorable Opinion and Award, counsel succeeded in negotiating a settlement for an amount "more than 5 times greater than the original settlement offer" made to the plaintiff before he became involved in the case. Under these circumstances, effectuating the fee agreement is not unreasonable. N.C.G.S. § 97-90(c).

Consequently, it is ORDERED that the subject order of February 18, 1994 is MODIFIED by replacing $5,182.10" with "$6,909.46". Otherwise, said order shall remain in force and effect from the date of its filing.

No additional costs are assessed.

S/ __________________ J. RANDOLPH WARD COMMISSIONER

CONCURRING:

S/ __________________ J. HOWARD BUNN, JR. CHAIRMAN

S/ __________________ COY M. VANCE COMMISSIONER

JRW/tmd 4/3/95

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Plaintiff's counsel's contract provided that he would receive a relatively small fixed fee if he was unable to obtain a greater recovery than plaintiff had been offered prior to his retention and one-third (1/3) of the recovery if settled for a greater amount after counsel was obliged to prepare for hearing. After a hearing and the filing of a favorable Opinion and Award, counsel succeeded in negotiating a settlement for an amount "more than 5 times greater than the original settlement offer" made to the plaintiff before he became involved in the case. Under these circumstances, effectuating the fee agreement is not unreasonable. N.C.G.S. § 97-90(c).