Eldon R. Kenseth and Susan M. Kenseth - Page 75




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              6.  Substantial Reduction of Claimant’s Control by                        
         Contingent Fee Agreement                                                       
              When Mr. Kenseth executed the contingent fee agreement, he                
         gave up substantial control over the conduct of his age                        
         discrimination claim.  He also gave up total control of the                    
         portion of the recovery that was ultimately received and retained              
         by Fox & Fox.                                                                  
              The contingent fee agreement provided that Mr. Kenseth could              
         not settle his case without the consent of Fox & Fox.  It further              
         provided that, if Mr. Kenseth had terminated his representation                
         by Fox & Fox, that firm would still have a lien for the                        
         contingent fee called for by the agreement, and all costs and                  
         disbursements would become due and payable within 10 days.                     
         Moreover, Mr. Kenseth was just one member of the class of                      
         claimants represented by Fox & Fox.  All these factors                         
         contributed, as a practical matter, to the creation of                         
         substantial barriers to Mr. Kenseth’s ability to fire Fox & Fox                
         and to hire other attorneys or to try to settle his case                       
         himself.                                                                       
              Mr. Kenseth instead relied on the guidance and expertise of               
         Fox & Fox, and Fox & Fox made all strategic and tactical                       
         decisions in the management and pursuit of Mr. Kenseth’s age                   
         discrimination claim.  Fox & Fox negotiated a net recovery (after              
         reduction by the contingent fee) that substantially exceeded the               
         settlement that the EEOC had recommended.                                      






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