Waiting For The Payday
Judge needs more time to decide pay for antitrust caseBy FRED CONNORS
WHEELING - Ohio County Circuit Judge Ronald Wilson needs more time to decide how much money attorneys will be paid for their work on a multi-million dollar antitrust case.
On Aug. 20, Wilson approved an $11.6 million antitrust and consumer protection settlement against Visa USA Inc. and MasterCard International Corp. The lawsuit claimed the two credit card companies price-fixed fees, forced merchants to accept debit as well as credit cards for payment, and committed other deceptive practices.
During the Aug. 20 hearing, Wilson said he would issue an order within 30 days that would determine how special assistant attorneys general, who tried the case for West Virginia Attorney Darrel McGraw, would split $3.9 million in legal fees.
Wilson issued a letter Wednesday to the attorneys involved in the case in which he said, "As I reviewed the information provided to me on the issue of the request for attorney's fees in the above matter, I found the issue to be far more complex and important that I realized when I told you that you could expect a decision within 30 days. I now doubt that the order will be issued until sometime in December.
"As in your practice, each day is filled with new problems and new crises and it is difficult to find the time to complete this important memorandum order on the attorneys' fee issue."
Wilson said Thursday the delay was not politically motivated.
When asked if he had been asked to delay the decision until after the elections, he said, "Absolutely not. I was aware that issue had been raised and I had hoped to make a decision because the issue was raised. But, I want to write a decent opinion."
Teresa Toriseva of Toriseva Law in Wheeling, said Wilson's decision to take more time on the opinion reflects the importance of the issue. She is one of several attorneys in line for a share of the legal fees.
"It's the right thing for him to do," Toriseva said. "It shows Judge Wilson is being diligent in deciding how the attorneys who work for the West Virginia State Attorney General are paid."
She said Wilson's decision to delay his opinion refutes some criticism.
"It specifically refutes the criticism of how attorneys are paid who are appointed by the attorney general to represent the interest of West Virginia consumers," Toriseva said. "This shows that there is a full and fair process by which attorneys fees are decided. It also is a reflection of the fact that Judge Wilson has an extremely busy docket and this is one of many decisions he has to make."
A critic of the legal fees issue insists McGraw should show more accountability on the lawyers' work.
Steve Cohen, executive director of the West Virginia Citizens Against Lawsuit Abuse, said, "The fact that Judge Wilson is taking so much time proves the lack of accountability from Darrel McGraw. Where was the oversight when these attorneys said they had worked hundreds of hours on the case? Was it 200 hours or 500 hours? If they worked as much as 1,000 hours, it would equate to $3,300 per hour."
Cohen has repeatedly questioned why McGraw hires outside attorneys to try cases - in particular those who have donated to his political campaigns - rather than use the legal staff in his office to handle litigation matters.
Earlier this year, Deputy Attorney General Fran Hughes said, "The attorney general's office does not have the money or manpower" to try cases. She said the state Legislature does not provide a pool of money for a litigation fund and staff lawyers are busy doing the day-to-day work of the attorney general's office.
"It is very costly to litigate a case against multi-national corporations," Hughes said.
|
SphinxRising58
|
|
|---|---|
|
10-31-08 7:29 PM
|
Melvin: Great point about the itemized hours, as is this not common with most laywers when they are working for someone else ? As to the payoff, it does seem excessive that this money is going to the layers instead of to the people the companies ripped off, in that the lawyers was workign for the people, right ?
|
|
ktbass
|
|
|
10-31-08 1:43 PM
|
Present! NOBABA '08
|
|
theRev
|
|
|
10-31-08 12:29 PM
|
scratch a liar find a thief
|
|
Melvin
|
|
|
10-31-08 7:31 AM
|
This is not difficult. Have the attorneys submit an itemized listing of hours and dates. Audit it. Pay them "prevailing wages" for attorneys, which would be $200-300 per hour, not $3000-$5000.
|
|
Melvin
|
|
|
10-31-08 7:29 AM
|
Deputy Attorney General Fran Hughes's argument is thin, if not somewhat naive or just plain stupid. She claims the AGO does not have the manpower or money to try cases. Wake up! Excuse me! Stop sending out "Darrell McGraw trinkets, and stop other politically related activities. Use this money as it should be, legally, to hire another lawyer and try the case yourselves. How can these people live with themselves.
|
|
JohnGalt
|
|
|
10-31-08 7:21 AM
|
Good Point - maybe hoping to help McGraw somehow? Golly, what are these poor attorneys to do? They will go broke or not be able to buy a new BMW. Poor things. Under Obama will they get this payment? Oh, probably it is for expenses, right, not income. lol....
|
|
Melvin
|
|
|
10-31-08 6:57 AM
|
This article has been up for awhile.... I posted a comment last night asking why this is being delayed, raising a political question.... It was not there this morning...
|