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Counsel Concerns
Royalties/Contingency-Fee Agreements. The U.S. Court of Appeals for the Second Circuit certified several questions to the New York Court of Appeals in a contingency-fee dispute between former Lynyrd Skynyrd guitarist Ed King and attorney Lawrence Fox. King v. Fox, 04-0815. King signed a retainer agreement with Fox in the 1970s in an effort to receive royalties from his work with Skynyrd. The retainer agreement stated:
“Our fee for services in this matter will be a contingency fee, based upon any money recovered from the defendants. Our fee for representing you will be 1/3 of the recovery, whether by way of settlement, trial, judgment or other method. You will be responsible for any out of pocket expenses incurred for your benefit.”
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