Attorney Can't Recover Litigation Costs From Employer's Settlement Proceeds

The Kentucky Court of Appeals last week ruled that a claimants’ attorney cannot recoup the litigation costs he had allegedly advanced for his client, even though the client’s retainer agreement had required such payment. In Kentucky, benefits awarded under the workers’ compensation law are exempt from the claims of any creditor other than a valid child support lien. Accordingly, the court said, attorney James Howes will remain responsible for the $1,870.70 he says he paid out of pocket on behalf of Roscoe Lohr. Lohr had hired Howes to purse a workers’ compensation cla...