Blog Entry

NFLPA lawyers renegotiating to a 'flat fee'?

Posted on: July 5, 2011 6:55 pm
Edited on: July 5, 2011 7:06 pm
 
Posted by Will Brinson

Much of the CBA chatter over the holiday weekend focused on the fact that Jeffrey Kessler and Jim Quinn were potentially submarining positive momentum in the current CBA negotiations.

It's precisely why Mike Freeman advised DeMaurice Smith needed to "send your lawyers packing," and it's particularly interesting given that Jim Trotter of Sports Illustrated is hearing that the NFLPA lawyers are renegotiating their fee contract with the players.

"I'm hearing the NFLPA has renegotiated its contracts with outside counsel," Trotter tweeted on Tuesday. "Hearing the term 'flat fee' is included in the deal." The presumption here, as Mike Florio of Pro Football Talk notes, is that the lawyers were being paid on a contingency fee. (There are generally three types of lawyer fees: either hourly/billable, contingency which is based on the outcome, or a flat fee, which is paid regardless of what happens.)

What makes this interesting is that if Quinn and Kessler were contracted on contingency for their work in the Brady v. NFL matter, they were probably eyeing an absolutely monumental payday if the players won the case.

The quick math, based on a range of 25-to-33 percent, tells us that had they won the deal, the floor for their attorney fees could have been something along the lines of $3 billion.

Most importantly, though, is what a potential renegotiation means for the future of football: If the NFLPA is reworking the manner in which the attorneys are paid, it sure does seem as if the players are envisioning a scenario in which their lawsuit won't be necessary for too much longer.

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Comments

Since: Dec 2, 2011
Posted on: January 8, 2012 4:29 am
 

NFLPA lawyers renegotiating to a 'flat fee'?

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fghdfre
Since: Dec 2, 2011
Posted on: January 2, 2012 2:52 pm
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hgtrerte
Since: Dec 2, 2011
Posted on: December 2, 2011 9:04 pm
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hgtrerte
Since: Dec 2, 2011
Posted on: December 2, 2011 8:59 pm
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tomlye
Since: Nov 28, 2011
Posted on: November 30, 2011 3:56 pm
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tomlye
Since: Nov 28, 2011
Posted on: November 30, 2011 3:50 pm
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Since: Sep 28, 2006
Posted on: July 7, 2011 8:43 am
 

NFLPA lawyers renegotiating to a 'flat fee'?

Lawyers are always screwing things up somehow.
I should have wrote, "Some lawyers screw things up sometimes.".


balrog01,  Good posts on this and other threads. Thanks for the good information about how it works behind the scenes.







Since: Sep 5, 2006
Posted on: July 6, 2011 2:46 pm
 

NFLPA lawyers renegotiating to a 'flat fee'?

So, now the most needless and unnecessary lockout ever imagined is finally, maybe, almost, probably sort of over. And I no longer care. I'll just play Madden on Sundays now. Well, I'll play more Madden on Sundays now. **** the NFL.



Since: May 17, 2008
Posted on: July 6, 2011 12:56 pm
 

NFLPA lawyers renegotiating to a 'flat fee'?

Even if there was a 33% continget fee and the damages in the Brady suit were $9billion it is highly doubtful that the lawyers would get $3billion.  Most state bar associations require a fee to be "reasonable", even in contingency fee cases and I doubt, unless the litigation drug on for years and years, that the lawyers could justify, or would try to justify, a $3billion dollar fee as "reasonable".  Assume the lawyers normally charge $750/hr, that is still 400,000 hours worth of fees -- no way that flies.



Since: Sep 28, 2006
Posted on: July 6, 2011 12:18 pm
 

NFLPA lawyers renegotiating to a 'flat fee'?

Good post irregardless.

Just a slight enhancement to your overall good post.

I may be incorrect but I think the amount that the Players are suing over is the amount less that the TV deal was made for so the Owners could get the TV people to include the clause in the contract that said the Owners would get paid "X" amount even if there was no NFL season.

So in other words the TV money would have been higher if the Owners did not want the clause in the contract that said they would get paid some money even if there was no season.

So that difference is an estmated amount and as irregardless said it is a much lower number than Will Brinson is using for his calculations.


Lawyers are always screwing things up somehow.



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