Saturday, February 2, 2013

Fee In Land Not Simple Or Proper

An Alaskan Native corporation entered into a fee agreement with a law firm in connection with litigation over "its certification of and title to certain lands" under the Native Claims Settlement Act.

The contingent fee agreement gave the law firm an interest in the lands at issue.

After the client had prevailed, a bar arbitration panel found that the firm could not take the land, but was entitled to a fee payment equal to the land's value. A 1995 court judgment enforced the arbitration award. The client paid the law firm for several years.

The client eventually was unable to continue the payments and litigation ensued.

The Alaska Supreme Court held that the contingency agreement violated provisions of the Act and that the arbitration award was improper. The court noted tht the case presented "complex" issues as to whether the 1995 judgment was void or voidable.

The court ordered the law firm to return $643,760 in paid fees.

The firm may now establish its entitlement for fees under quantum meruit. (Mike Frisch)

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