Contingency fee when a case is appealed then settled

Contingency fee agreements usually state that the attorney will receive a higher percentage if the case is appealed after trial.  In a reported decision, a  D.C. jury awarded an accident victim $1 million.  The defendant appealed and then the parties entered into a post-judgment settlement.  The issue was whether the attorney was entitled to a higher contingency fee, because an appeal had been filed.  The D.C. Arbitration Board found that the attorney was not entitled to a higher percentgage contingency fee, because the appeal had been voluntarily dismissed pursuant to the post-judgment settlement.

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