Reduction of attorney’s fee contract to protect seaman

Monday, June 21, 2004
The U.S. Court of Appeals for the Fifth Circuit ruled that a court sitting in admiralty has inherent authority to alter a contingent fee contract for legal services entered into by an uncounseled seaman. In the instant case, plaintiff foreign seaman retained an attorney to represent him in a personal injury suit against the owner of a ship on which he was injured. The contingent fee contract called for recovery (assuming success in the litigation) by the attorney of all expenses and advancements, as well as 40% of the gross recovery. In this case, the award was such that plaintiff seaman, who had long-since returned to his home in Bangladesh and could no longer work as a seaman due to his permanent injuries, would receive nothing in the final disbursement. The trial court ordered that plaintiff’s attorney should recover his prior disbursements, but that the attorney and the seaman should divide the remainder equally. This action was upheld on appeal, the court explaining in great detail how seamen are traditional wards of admiralty. Karim v. Finch Shipping Company Ltd., No. 03-30069 (5th Cir., (HK Law).
Maritime Reporter July 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Asian Nations Call for Stop to South China Sea Land Work

Calls grow for China to halt land reclamation. Southeast Asian countries on Tuesday backed a U.S. call to halt land reclamation in the South China Sea, underlining

FMC Collects $1,227,500 in Penalties from NVOCC's

Federal Maritime Commission Chairman Mario Cordero announced that the Commission has completed compromise agreements recovering a total of $1,227,500 in civil penalties.

NYK Hosts Safety Conference

Over three dates in July, NYK hosted a safety promotion conference for shipowners and ship-management companies at the NYK head office in Tokyo and at Imabari city in Ehime prefecture.

Finance

Pressure for Australia Sub Deal Grows

Australia to spend A$65 bln on ships and subs over 20 years; PM pledges A$40 bln for domestic shipbuilders. Australia will spend A$89 billion ($65 billion) on

S.Africa Considering Ship-Based Power Generation

South Africa could deploy power barges using gas to generate electricity to help overcome chronic supply shortages, a senior government official said on Tuesday.

LNG Ferry Construction for Tallink Begins

The start of production of Tallink's new generation LNG powered fast ferry for the Tallinn-Helsinki route was celebrated on the 4th of August 2015 at Meyer Turku shipyard.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Offshore Oil Pipelines Salvage Ship Electronics Ship Simulators Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1179 sec (8 req/sec)