McDonald v. Chicago ~ Show me the Money

[chinkyflipguy]

Haha!! I could totally see that happening!!!

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[chinkyflipguy]

400k is chump change for all that work. There should be an iPhone app tied to his wallet, so that every time he tries to pull it out to pay for dinner or a bar tab, some local gun owner gets an alert, so they can slap his hand and get it for him.

So sorry, i meant to respond to this quote on my previous post... im new here, but I've been reading CalGuns every day... =)

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[7x57]

2) The rate is too low. Period. Maybe you'll say different.

I don't know about the Chicago case, but I'd think it would be similar to DC, which I accidentally recall something about. With DC, at the Nordyke II (I think it was) wrap party, we had a little discussion about the fee, mainly because I pointed out that the fee being bandied about *at that time* was a prime number, and that merely showed Gura as a man of taste and sophistication. Naturally, such a man would never bill a rate that was a composite number.

Parenthetically, it's funny how people look at me when i say stuff like that. Gene was very impressed with my powers of observation--I know he was impressed, because he started backing away carefully, checking this odd little locked container he was carrying for some reason, and mumbled something about it getting late and having to floss his yacht the next day or something. Obviously, I recognized that as a sign of respect. What else?

But anyway, Gura explained that the rate is set by some average fee rule that is complex enough that he, and apparently everyone else, ends up hiring an expert to figure out what that average is (and, I suppose, defend it against objections). (Yeah, that's right--there is so much excess money to be made there that there is a feeding niche for people who do nothing but compute other people's fees--a clear case of horrendous market inefficiency, I'd say.)

Now, here is the good part--it turns out that the circuit rules are that the fee is based on the rate *at the time of settlement*, not the rate at the beginning of the case or the rate at the time the hours were billed, or any of that. So all the while DC is dragging its feet, inflation is increasing the final bill.

Gene may remember differently, but that's what I recall from the conversation.

7x57

[xwarriorxx]

I think its safe to say that Gura has increased his business mightly with these wins and the future rates for him will go up ALOT.

He wont be hurting for money or clients in the future.

[hoffmang]

It isn't QUITE a done deal yet, is it? After all, they still have to get the dead beats to pay up.

Lawyers and governments do not screw around with court orders. They pay very, very quickly.

400k is chump change for all that work.

In reality, the McDonald case was very easy. Think about how quickly it moved through the court system. Both Heller and Ezell will be much larger bills.

Gene, 2 points. I'm one of those guys who said that getting paid mattered. And it does.

Yet you still find a way to whine.

1) It ain't over until the check clears the bank. You should know as much. Prediction: check won't arrive for 60 days at least, and maybe longer. Chicago will find a way to grind AG a bit.

Want to bet me a $1000 on the side that the check is cashed before the end of the month?

2) The rate is too low. Period. Maybe you'll say different. I posted national averages above. You're telling me that a win at the supes is only worth twice what the average lawyer makes, when other guys get 4x or more? Nope.

You can only get a 2x multiplier by law. More importantly, this was a negotiated rate to get the deal over and paid. Further, McDonald was an easy case compared to Heller or Ezell where there is much stronger argument for a higher rate.

BTW DC is now 3 years out. In my business, we'd write that off for bad debt.

Again, your lack of knowledge about 42 USC 1988 means you don't realize that the value of the claim to fees continues to increase as the entirety of the time will be applied at today's rate. Today's rate for Mr. Gura in Heller will include the fact that he won another SCOTUS case and a major court of appeals case. This rate is a bare minimum and doesn't really have a multiplier applied. Time works to continue to increase DC's costs. Only DC is dumb enough to let Alan continue to run the meter upwards...

Hi everybody. I was wondering, can Chicago challenge this? Sorry if this is a stupid question, but we are talking about Chicago here....

Unopposed motion means they agreed and this was negotiated. So no.

-Gene

[Paul S]

Prediction: check won't arrive for 60 days at least, and maybe longer. Chicago will find a way to grind AG a bit.

I'd bet the check won't be cut until the interest/dividend period closes for whatever account Chicago will tap to pay the fee. Depending upon the time frame that could well stretch to 120 days +. That's usually how such matters are handled here in the PRK.