Old Lahaina Town Utterly Destroyed - Recovery & Relief Efforts

[HiloJulie]

"Perhaps MarkD was asking about the possibility of pro bono?"

Well, in theory, that would be wonderful.

However, considering most, if not all, of the entities involved in this settlement (or contribution) have legal counsel "on staff" - in other words, employees of the entity, and while they may also engage outside counsel, that type of arrangement is spelled out in a retainer agreements and is NOT compensated to the firms as a percentage of any award, but billed at established and agreed hourly rates.

Now, having said all that, wouldn't it be great if all the entities involved just came out and said, "gosh we are sorry." "We really screwed up here." 

And then ensure that each and every person/party/entity injured by such an event, firstly taken care of immediately afterwards and then be made 100% "whole" and even given a little extra for all the hurt. Without one question or haggle.

Oh, yeah, and then also ensure they never do anything like they did that caused this tragedy.

Doing that - could put a lot of lawyers on the unemployed roles!

[MyManao]

Perhaps MarkD was asking about the possibility of pro bono?

Yeah, it's hard to justify professional fees.. especially when they are so far and away different than service provider's fees. I've been on different sides of that issue.. and yes others that point out that when we need them our opinions are different than when we're arm chairing it. But still a lawyer taking a healthy percent off the top of billions its just BS. At some point it's just a scam. Time and materials is a way better way to go.. but lawyers would never pass up an opportunity to steal their clients blind.

I am working with a law firm at the moment, been for over a year, and the one associate I am directly working with is always pointing out that juxtaposition.. and how when he tries to steer his clients towards a settlement the partners in the firm are always pushing for litigation. And he, as the associate, has to be careful and crafty in advising a client to stay out of court, out of fear he'd lose his job.

[HiloJulie]

I need to be a little bit clearer of my last post.

In that post, I was discussing the lawyer fees of the defendants.

However, yes, the lawyers hired by the plaintiffs - the ones injured and who brought suit will get a percentage of the settlement.

Currently, that settlement capped attorney's fees at 25%, and the rest split between two plaintiff groups, however, terms have been kept confidential.

Whatʻs holding up the Maui wildfire settlement? | KHON2

Snipped from link:

Judge Cahill limited the recovery of attorney’s fees to 25% as opposed to the customary 33% to 40%.  The parties reached a settlement which allocated a certain percentage of the $4.037 billion to the Individual Plaintiff Group and the balance to the Class Action Plaintiff Group. The actual percentages are confidential at this time.

My point also being, why SHOULD the plaintiffs have to sue in the first place?

[Durian Fiend]

As Steven Wright has said, 99% of lawyers give the rest a bad name.

[randomq]

There's a difference between a good paying job and "getting a percentage". The heart surgeon doesn't get 25% of your life savings for saving you. Someone calculate those lawyers' hourly rate from their settlement windfall, and then tell me if it seems fair.

Anyway, I'm still annoyed by how the Maui evacuees were treated vs the 2018 Puna eruption. They got luxury hotels for over a year and ours got tents for 138 days.

https://www.youtube.com/watch?v=JOBI3IRHSms

[HiloJulie]

"Anyway, I'm still annoyed by how the Maui evacuees were treated vs the 2018 Puna eruption. They got luxury hotels for over a year and ours got tents for 138 days."

Well, if you think either scenario was not fair, let's see what happens when the next massive hurricane or fire hits the State of Hawaii, or even here in Puna, another massive eruption happens.

[HereOnThePrimalEdge]

They got luxury hotels for over a year

That probably had more to do with paying the hotels for occupancy while there was virtually no tourism in West Maui, keeping the cleaning staff employed as well as the chefs and kitchen workers.

[MarkD]

"Are the lawyers getting their usual 30-33% cut off the top?"

At best, a very ridiculous statement.  Lawyers are just like cops. Useless pieces of crap - "pigs" - unless and of course, you need one!
Then they are priceless!

Did I object to lawyers in general?  No, I insinuated the level of compensation is an issue. Indeed all I did is ask a question! Apparently that is not even permissible to some.  Check out this information regarding compensation for the 9-11 attack.

"The September 11th Victim Compensation Fund (VCF) paid  attorneys a maximum of 10% of the individual's award. This 10% cap was established by the Zadroga Act, which created the VCF....A "Special Master" to handle compensation was appointed."

The magnitude of the Maui fires and the large numbers of victims argues that something similar could have been done to limit attorney fees.  The  total payout to Maui fire victims is $4 billion.  The 9-11 VCF paid out $14.9 billion.

 An unfortunate number of lawyers and their apologists are notable for their greed and dishonestly in representing the amount of work they actually do.  Personal injury lawyers do particularly well in states like Hawaii where legislators--often they are attorneys also--pass laws that ensure that PI lawyers have maximum latitude to sue and win large awards.    

The impact of this in every state where this occurs is less money for schools, parks and other community services.  Sometimes taxpayers suffer, as officials, pointing to new funding shortfalls, argue that new taxes are needed.  I don't usually agree with Leftists and anti-capitalists who complain about rising income disparity in America, but, yea, allowing thousands of personal injury lawyers in the U.S. to earn the  vast sums that  they do harms the public interest.

[HiloJulie]

I find your first sentence to be in direct conflict with your edited and added last paragraph.

But nonetheless, comparing the 9-11 Victims Compensation Fund (VCF) to the Maui Fire Settlement is quite disingenuous to say the least.

The 9-11 VCF was an act of Congress, introduced weeks after the 9-11 attacks, passed by the Chambers of Congress and signed into law by the President.

There was NO drawn-out court battles that went on and on for years. It was an act of Congress to pay survivors amounts of money based on the victims’ age, lifetime of lost income potential, subsequent health issues of first responders etc. Victims got money in their pockets in mere months after the 9-11 tragedy.

The limit of 10% lawyers’ fees with respect to the 9-11 fund, which has paid out as of today just under 15 billion to all victims and will run through 2090 is really just and proper considering what services the lawyers are providing.

The duties with respect to the 9-11 VCF is really limited to verifying proof of claim. No court cases, hearings, motions, depositions, investigators, court fees, professional witnesses, so on and so forth.

In the case of the Maui Fire, it was a class action lawsuit. It’s been drug out for almost 2 years. The lawyers involved have had to attend numerous court hearings, file motions, conduct depositions, hire investigators, court fees, obtain professional witnesses, so on and so forth. The 25% cap as allowed in the Maui Fire Settlement is really paying for all of that. All of which are costs that have been paid upfront by the various law firms involved.

And to be clear, the Maui Settlement also does have a Special Master overseeing all payouts and lawyers’ fees. That Special Master in both the 9-11 VCF AND the Maui Settlement approves every attorney’s billings and must be in generally accepted rates as set by the judge as well. And let’s remember – it’s a CAP – not a blank check.

At any event, I do love good lawyer jokes!

Try this one:

How many lawyers does it take to change a light bulb?

Whereas the party of the first part, (‘Lawyer”) and the party of the second part, (“Light Bulb”) do hereby and forthwith agree to a transaction wherein the party of the second part shall be removed from the current position as a result of failure to perform previously agreed upon duties, such as the lighting, elucidation, and otherwise illumination of the subject area. Any spillover illumination being at the option of the party of the second part and not required by the aforementioned agreement between the parties.

The aforementioned removal transaction shall include, but not be limited to, the following steps:

1.) The party of the first part shall, with or without elevation, at his option, by means of a chair, stepstool, ladder or any other means of elevation, grasp the party of the second part and rotate the party of the second part in a counterclockwise direction, this point being non-negotiable.

2.) Upon reaching a point where the party of the second part becomes separated from the party of the third part (“Receptacle”) the party of the first part shall have the option of disposing of the party of the second part in a manner consistent with all applicable state, local and federal statutes.

3.) Once separation and disposal have been achieved, the party of the first part shall have the option of beginning installation of the party of the fourth part (“New Light Bulb”) however, this installation shall only occur in a manner consistent with the reverse of the procedures described in step 1.) of this agreement, being careful to note that the rotation should occur in a clockwise direction, this point also being non-negotiable.

4.) The above-described steps may be performed, at the option of the party of the first part, by any or all persons authorized by him, the objective being to produce the most possible revenue for the party of the fifth part (“Partnership”)

[MyManao]

In the case of the Maui Fire, it was a class action lawsuit. It’s been drug out for almost 2 years. The lawyers involved have had to attend numerous court hearings

"Drug out?"

Sheesh, the fire was less than two years ago.. and you make it sound like the lawyers have been hard at it since before it even happened. 

The case was settled.. is being settled, before it ever went to actual court. Yeah the lawyers have spent a gazillion dollars advertising.. filling our air with their give me give me blah blah blah for months.. and omg they need all that money back. Seriously, it was wrapped up, thanks to sanity in Josh's office, in short order. Iron out the detail and everyone go home.. 

And yeah.. the lawyers are pissed because it didn't go to trial.

As far as I am concerned lawyers should be held to 10% max in all cases dealing with large victim settlements, nationally. The idea they live high on the hog off other people's losses is pilau. If a law firm sees fit to do pro bono work they can put some time into doing fair work. Gouge the folks with the deep pockets I don't care.. but getting fat off of victims of tragedy is what gives lawyers the bad rap they get.. and, for the most part, so richly deserve.