Citing Precedents, Holocaust Survivors File Brief To Reduce Lawyer’s $4.1M Fee

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

Holocaust survivors who oppose the fee request of their attorney have proposed paying him at the rate of $200 an hour, according to a court filing.

The proposal came on Friday as a federal magistrate in Brooklyn, James Orenstein, is set to rule on how much money, if any, the lawyer, Burt Neuborne, should receive of the $4.1 million he has requested.

Mr. Neuborne, a prominent law professor at New York University, drew intense criticism when he submitted a bill charging the survivors at a rate of $700 an hour for his work on the $1.25 billion settlement he helped win from Swiss banks for their World War II-era dealings.

Before he submitted his legal bill in December 2005, groups of American Holocaust survivors were already angry with Mr. Neuborne. They said he had passed over their claims in favor of disbursing much of the available money to survivors in Eastern Europe and Russia. Through their attorneys, the American survivors have opposed Mr. Neuborne’s fee request on the grounds that he had originally pledged to work pro bono and that he has not represented their interests.

In a final brief, their lawyer, Samuel Dubbin of Miami, offers several legal precedents that he claims show that Mr. Neuborne should be paid far below market value, at a rate of between $200 and $380 an hour. The legal brief, filed in federal court in Brooklyn Friday, is likely the last filing in a fee dispute that has been intensely litigated for more than seven months.

Mr. Dubbin argues that Mr. Neuborne should not be paid from the settlement fund because much of the work he did involved implementing the decisions of the court, which often were challenged by Holocaust survivors. At one point in the brief, Mr. Dubbin suggests that Mr. Neuborne be reimbursed at $200 an hour, which is the maximum the federal government pays private attorneys to provide counsels to district judges, he writes.

Although Mr. Neuborne has several associations of Holocaust survivors opposing his request, he is not without his defenders. The state of Israel, through the Washington, D.C., law firm representing it, Arnold & Porter, has supported Mr. Neuborne receiving at least some compensation for his thousands of hours of work. In court papers supporting his fee request, Mr. Neuborne claims that he was upfront during numerous court proceedings about his pro bono status ending in 1998, when the settlement was struck.


The New York Sun

© 2024 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

By continuing you agree to our Privacy Policy and Terms of Use