Use Caution!
McKennon Law (ML) represented me in an ERISA LTD case. I’m 69 years-old and disabled from an injury. I felt confident hiring them because their reviews all seemed to be positive, but when I told Mr. McKennon that I would be leaving an honest review, he threatened me with legal action if I “defamed” them.
Following is my honest assessment of my experience with ML, which I have documentation to support:
I found the attorneys who worked on my case, Joe Hoff and Zlatina Meier, to be knowledgeable, competent, and thorough. We had an excellent rapport throughout the two-year litigation process.
Unfortunately, we lost in court. The Judge ruled against us on all but one issue, and awarded only $31,016.65 out of potentially $300,000 in unpaid benefits plus interest. There were a couple of things I thought ML could have done better, but I still would have given them a 4 or 5 star review.
Several facts came to light after my case had concluded that changed my opinion:
What I had agreed to in verbal fee negotiations with ML was not what was reflected in the Retainer Agreement. They had inserted language that I believe to be vague and deceptive, giving ML the right to any interest awarded, in addition to their 30% contingency fee, expenses, and attorney fees. Why I believe the deception was deliberate:
1. My prior communications with ML had been via email, but they insisted that we negotiate the fees via telephone— there is no record of what we’d agreed to!
2. I have a fairly strong legal background. I read the Retainer Agreement three times, but I missed a rather vague and deceptive line that gave them the right to keep any interest awarded! The line was odd— it was not written in normal legal parlance. I believe they hoped I wouldn’t notice, and I didn’t. The interest owed (after 16 years) was likely to exceed the unpaid benefits in my claim. I would never have agreed to give them an additional 50% of the proceeds on top of the 30% contingency fee!
3. After the case concluded, ML sent me an email with a table explaining the fees deducted. Right above it they had pasted the deceptive line from the Agreement! Just that one line! Clearly they knew I wasn’t expecting the interest to be deducted!
4. When I informed Mr. McKennon that I was going to file a complaint with the CA Bar Association in regard to the deceptive language and outrageous fees, he immediately said they wouldn’t subtract the interest!
I also believe the expenses deducted for the work done on my case were inflated. Ms. Meier had said that my share of the mediation fee would be $1,450.00, but ML charged me $2,675.00. The 30% contingency fee is subtracted before the expenses, so the client is paying the expenses at 130%. I paid $7,908.42, and the Judge awarded ML $4,778.40 for expenses, so they were reimbursed $12,686.82 for $6,083.40 in expenses— which they kept.
The Judge also awarded ML $222,570.00 in attorney fees ($650-$850 per hour). They worked many hours on my case and I’m glad they were paid, but note that after expenses, ML received $252,281.65. Once they reversed their decision to deduct the interest as an additional fee, I received $15,628.26.
Contingency fees are high because the attorney risks not being paid, but as long as they get you something, they are usually awarded attorney fees, anyway.
Mr. McKennon may reply that I wasn’t cooperative, because I declined to sign a non-disclosure or non-disparagement agreement in the event of a settlement, but I was clear about that from the beginning— I needed to be able to discuss the outcome of my claim freely in other pending actions.
In summary, if you decide to hire McKennon Law to represent you, I suggest that you conduct all fee negotiations in writing, so you have a record of what was said, and have another attorney look over the Retainer Agreement before you sign it. Be aware that what you actually pay in fees may not even be close to what you were expecting!
