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Saturday, March 29, 2008

Estate of F.W. v. State of New Jersey

02-22-08 A-0376-06T1

In this appeal, we reviewed the standard to be applied by
the trial court when determining a reasonable attorney fee on a
personal injury recovery in excess of $2,000,000 pursuant to
Rule 1:21-7(c)(5). We held that on an application for a
reasonable fee on that part of a personal injury recovery, no
burden of proof is placed on the moving attorney to show the
inadequacy of the fee recovered on the first $2,000,000. We
concluded that although the rule directs an attorney to make an
application for a reasonable fee pursuant to Rule 1:21-7(f), the
rule's intent is only to require that the application complies
with the procedural requirements of notice and of a hearing as
stated in subsection (f).