Legal Fees (Assorted Topics)

What a pipe dream, but hey, I'm on board now.

This is exciting and is keeping me on the edge of my seat.

I think and this is an opinion pro pat but the most important criteria that has been omitted from the main agenda is why Justice Barnes certified this case in the first place. The Illegal Deduction of Long Term Benefits to offset other source income namely the very same "Gratuity awards" given to disabled veterans from VAC via the GOC. Seems like a double edge sword here but lets hope for the best

Hey Recon anything under a single widget will be a blessing but i hope and pray to the mighty one that MND will look at the lesser amount and announce that the GOC will incur the legal costs. Again it all depends on how much pressure is put onto the GOC, the positive thing about today is we may finally receive the NATIONAL media attention we have asked for.

tracker the way i understand it he will decide on a dollar ammount baced on cirtin criteria.the main ones being;

1.actual work done and expences

2.quality of the representation

3.risk

then it is converted to a percentage.

now in this case i would assume that percentage will be converted from the retro but he can if he wishes convert it over the entire deal.

propat

Is Judge Barnes able to decide what portion the fee is based on or just the percentage.. What I am asking is this.. Can the judge fix a percentage and tell MC that they can only take that percentage from the 424M and not from the entire 877M?

The legal fees are already paid from the settlement fund. If Mackay steps in to lower them the only thing that changes is that we don't pay as much in legal fees. MacKay or the GOC don't actually pay anything as all that money is in the settlement fees. It is just a feel nice proposal to make the GOC look good in the public eye. It's all political for them and we may get more of our money.

The Judge has two powers for the hearing'

1st - He will decide to accept the offer as proposed or decline it.
2nd - He will set another date to either sign the proposal off or hear other arguments about new negotiations or trial.
3rd - He will decide on the amount of Fees to be paid based on past court cases of this value. Past history puts it around 7% give or take 2% based on total payout.

Correct me if i'm wrong , Justice Barnes now has the Power to make a Final Decision on MC request of 17.83 % since it was requested as of Jan . 09 , 2013 & Award MC an amount fitting to the case , hopefully reduced to 3-5 % putting a great deal of money back in the Member's pockets .

For Country
Retired Army Master Sniper
Dave Fitzpatrick

Only way the GOC will pick up any of the fees if it the judge turns this down and we go back to negotiate. then they will offer that option. If it goes to trial they will pay all cause they will lose.

I can see him reducing the 7.5% down to 4 or 5%, translating to 8 to 10% of retro... or leaving it at 7.5 but only from the retro portion. I would LOVE to see MacKay volunteer to pick up the tab, but I am not holding my breath on that one.

Tomorrow morning Justice Barnes will hear from both sides any final points to consider , then from Class members & give his final judgement on the settlement , less the legal fees i presume which will be dealt with on Friday .

One final decision to make before Justice Barnes closes the file on this Class Action Lawsuit , in ( 3 ) parts i believe .

( 1 ) reducing the request of 17.83 % legal fees to hopefully 3-5%

( 2 ) MND Peter MacKay stepping in to pick up the tab

( 3 ) Informing the " Class Members " & Media present at the hearing
that the 17.83 % requested will now be returned to its rightful owners

Ret'd Sgt.Ron Cundrull said it best & correctly i might add , that the GOC should be picking up the bill for Legal Fees , NOT the Veterans .

Considering the Spokesman for Defence Minister Peter MacKay also criticized the size of the Payment which equates to $ 13,487.50 an hour

Maybe , just maybe , if Justice Barnes is a compassionate man & reduces the requested 17.83% to 3-5% , GOC then stepping in to " PAY THE LEGAL FEES ", they in turn will " SAVE FACE " for not paying any Damages , hence , restoring their own Dignity & " Our Honour " as Soldiers .............


For Country
Retired Army Master Sniper
Dave Fitzpatrick
Family of ...........7..........17.83 % = $ 40,000.00 returned to my family

When pigs fly.... lol aren't we dreaming now.... 65000000 to 20000000 and we pay ...i would be delighted with that ....

Yes this will probably happen

Let  us  "  HOPE  "

For Country
Retired Army Master Sniper
Dave Fitzpatrick
Family of ..................7.............. 17.83 %  =   $  40,000.00

Thanks Propat but with all that has been said I still have hope, in what I don't know but hope non the less. We don't pay fees and taxes on hope do we?