Friday, October 28

Madison Lemon Law Attorney Gets Bitter...

when the Legislature moves to slice into his lucrative practice:

Megna is upset with a bill that passed the Republican-controlled Senate on Thursday that would make it a presumption that attorneys' fees should be no greater than three times the damages awarded. The bill was motivated largely by a case in which Megna was awarded more than $150,000 in fees.
...
Megna, 67, is known nationally for his extensive work representing clients who sue under Wisconsin's lemon law, which is designed to protect consumers who buy faulty vehicles. He has argued more than 1,500 lemon law cases and won more than 700 cases against General Motors alone.

He won a $385,000 verdict against DaimlerChrysler Corp. in 2006, and in 2010 he won a $482,000 judgment against Mercedes Benz, which he said at the time was the largest award of its kind involving a single vehicle.

But it was Megna's case against Burlington, Wis., car dealer John Lynch Chevrolet-Pontiac that led to the bill's introduction. Megna represented a man who alleged the dealer charged him $5,000 for a repair he didn't authorize.

A Racine County judge ruled in the dealer's favor, but a state appeals court said the truck owner didn't have to pay since he didn't consent to the repairs. The sides settled days before the trial was to start, with the dealer agreeing to pay $12,500 for damages, $151,250 in legal fees and $5,284 in costs.
...
Republican backers of the bill said the case against Lynch pointed to the need to put a lid on attorneys' fees. The bill as originally introduced would have capped the fees at three-times damages awarded, but the version that passed the Senate was softened to give the judge the discretion to award more.

Megna's response?
Republicans need not apply as clients.

No ... really.
Megna would not be in violation of the state's rules of professional conduct, said Keith Sellen, director of the state's Office of Lawyer Regulation. Nothing prevents him or another attorney from declining representation based on a client's political affiliation, he said.