While trying to parse the correct policy concerning the state’s liability for payment of service and when to lawyers is like deciding who to root for when, as recently occurred, two of the most despised teams in college football leave us with a Hobson’s choice for having a national champion, it’s easy to misdiagnose without understanding the dynamics behind it all.
At issue is how legal fees are paid for judgment on BP’s liability for the oil spill disaster of 2010. While many individual plaintiffs active and part of a class action are involved, so is the state. Recently, federal district Judge Carl Barbier ordered a contingency arrangement where, of the total damages, six percent is held out for legal compensation for private plaintiffs, and four percent for governments.
The Gov. Bobby Jindal Administration signaled agreement with the arrangement, but not Atty. Gen. Buddy Caldwell’s office. He prefers a billing arrangement where hours worked are submitted for compensation, and other governments also have criticized it. (They also argue it’s illegal, even though the practice is common.) This dispute has lead to an appeal on the ruling to occur later this month.