AP reports, "Attorney: Lawyer earned fees paid by exonerees," by Betsy Blaney. It's via the Austin American-Statesman. Here's an extended excerpt:
An attorney credited for pushing a law that made Texas the most generous state in the nation in compensating the wrongly convicted earned his fees by fighting to get two clients as much money as possible after they were exonerated by DNA, his lawyer said Monday.
Opening statements were held in the State Bar of Texas' lawsuit against Kevin Glasheen. The bar association has accused Glasheen of charging the men unreasonable fees for obtaining compensation, but his lawyer said the pair received more money than they would have under the old compensation system.
"These two clients (of Glasheen's) are millions of dollars better off because of Kevin Glasheen fighting for them," Jim Hund said. "This was not an easy fight. It was a knock-down, drag-out fight."
Glasheen received millions of dollars in compensation for 12 men cleared after DNA evidence showed they were innocent of charges that put some in prison for more than two decades. Two of the men, Steven Phillips and Patrick Waller, filed complaints with the state bar, saying Glasheen's 25 percent contingency fee was too much. The state bar then sued Glasheen, saying his fees were illegal and unconscionable and constituted professional misconduct. Lawyers charging contingency fees usually only get paid if their clients win and receive compensation.
But Phillips and Waller were guaranteed millions under a 2009 law — pushed by Glasheen — that upped compensation for the wrongly convicted from $50,000 to $80,000 for every year of confinement and provided an annuity for lifetime income. Phillips' annuity was set at $3.7 million, or $11,624 per month, and Waller's was $2.8 million, or $6,424 per month.
State Bar of Texas attorney Paul Homberg III said in his opening remarks that the problem was that Glasheen got 25 percent not only on the lump sum each man received but also on their annuities. He called that "outrageous."
"We're not here to say Kevin Glasheen is a bad person or a bad lawyer," Homberg said. "He's an able lawyer. But, judge, with millions of dollars on the table, Mr. Glasheen had some blinders on."
If the court determines Glasheen committed misconduct, he could face punishments ranging from a public reprimand to disbarment.
The bar's lawsuit also accuses Glasheen of fee sharing, which has been illegal in Texas since 2005.
Glasheen collected about $5 million in fees from clients, keeping $3.5 million for his firm and paying the rest to Jeff Blackburn, the chief counsel for the Innocence Project of Texas. Glasheen said in a statement emailed last week that Blackburn helped on the cases because of his expertise and experience in wrongful convictions.
Earlier coverage of Glasheen fee dispute begins at the link. Related posts are in the wrongful incarceration index.
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