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Pro Bono Holocaust Huckster: Case Closed!
Editor's note: For more on Burt Neuborne and the House of Hucksters click here.
Billing Holocaust Victims
Editorial: New York Times | 06.29.2006
The success of Holocaust survivors in winning a $1.25 billion settlement from Swiss banks, which they accused of helping the Nazis steal Jewish holdings, was a small bright spot in that tragic piece of history. Burt Neuborne, a New York University law professor who represented the survivors, was rightly praised for his part in the effort. But now a controversy has arisen over Mr. Neuborne's bill of more than $4 million. The dollar amounts are troubling, and so are the slipshod hourly records that Mr. Neuborne submitted.
After his work in helping win the settlement, Mr. Neuborne took the lead in helping the court decide how to allocate the money among Holocaust victims worldwide. It was an impossibly difficult task, and unsurprisingly, not everyone was happy with the result. A group of survivors who are dissatisfied are challenging his bill.
Mr. Neuborne, who worked pro bono on the first stage of the case, is charging for his current work, and billing at $700 an hour — money that will come from the sum available to the survivors. Top corporate lawyers sometimes charge that much, or more. But Holocaust victims are not Exxon Mobil. It is an unseemly rate to be asking, made worse by the fact that Mr. Neuborne is reserving his right to seek an "excellence" multiplier that could, in theory, raise his hourly rate to $875 or more.
Mr. Neuborne, who received more than $4 million in fees in a previous Holocaust case, no doubt worked very hard, but his time records were unacceptable. They included, for example, 30.5 hours of work on one day, and 25 on another, and often had large blocks of time with only vague descriptions of what he did. He has since agreed to reduce his total hours, though he insists he worked all the time he originally claimed, even if not on the days he stated. The more than $4 million he is now seeking reflects those reduced hours.
The survivors who say that Mr. Neuborne should have done all his work pro bono are asking too much. No one should be expected to do arduous, complicated legal work without pay. But when a lawyer's fee is excessive or inadequately supported, courts should step in. U.S. Magistrate Judge James Orenstein, who is reviewing his fee request, should scrutinize it carefully, and keep the interest of the victims firmly in mind.
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