We don`t want to make money with our customers. We want to make money for our customers. That is why, where possible, we enter into occasional fee agreements. A possible fee agreement, in which our fees are based on the amount we receive for our client, reduces the inconvenience for our clients and is keen to achieve an optimal result quickly and efficiently. We will not accept a deal unless we believe in it and believe that we can achieve a result that is worthwhile for both our clients and our firm. A plethora of data revealing contingency fees collected by New York attorneys suggests that, in virtually every offense case, attorneys calculate the entire third party allowed by state rules. The commission recognized that a lawyer who collects a “modified contingency fee” avoids any risk that there will be no clawback (since the lawyer receives an hourly fee). Still, the commission said: “We believe that the lower risk to the lawyer will be offset by the lower bonus if successful, as provided for in the retainer agreement.” To support this conclusion, the Nassau Committee cited Belzer v. Bollea (a/k/a “Hulk Hogan”), 150 Misc.2d 925, 571 N.Y.S.2d 365 (Sup. Ct.
N.Y. Co. 1990), in which the court ordered the use of a hybrid royalty in the case of bodily injury. The plaintiff, who sued the famous wrestler Hulk Hogan for assault, signed a reinstatement agreement with personal injury attorney Roy Grutman, which provides for a royalty of 33-1/3% of the gross proceeds “or regardless of the amount of the company`s settlement fee at the moment, whichever was higher.” At the end of the case, lawyer Grutman asked the court to allow a conditional tax of 50% in recognition of “the fear, aggravation and blood of life that this case had caused”. The client filed an affidavit to support the higher fees. (In the blink of an eye, the court said, “The client`s affidavit could not have supported the request for additional fees and not more generously praised the lawyers` efforts if the lawyers themselves had drafted it.” Hourly rate agreements are the traditional “missionary position” of commercial disputes. . . .