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'Success Bonus' for 5-Day Mediation Struck Down
A $600-an-hour Greenwich divorce attorney must return over $370,000 in bonuses and other payments arising from a pressure-cooker, 5-day divorce mediation in Chicago.
Exhibit “A” in Gary Zimmerman's federal suit against his attorney, Gary I. Cohen, is the controversial “success bonus” clause in Cohen's fee agreement: “In addition to the hourly charges described, we may request an additional reasonable charge for matters of extraordinary difficulty, or which require special expertise or the giving of special priority treatment,” it states. “This additional charge is subject to your approval after discussion with you. It cannot be imposed unless you agree to it.”
A federal jury held Cohen to his word, when it concluded Zimmerman did not agree. The jury found no legal malpractice, but determined Cohen breached his fee agreement's implied covenant of good faith and fair dealing by claiming a $300,000 success bonus. Cohen is now seeking to have the verdict overturned or be granted a new trial.
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