I’m 69 years-old and disabled from an injury. I hired McKennon Law (ML) to represent me in an ERISA LTD case because of their consistently positive reviews. When I told Mr. McKennon that I would be leaving an honest review, he threatened me with legal action if I “defamed” them. Hmmm. Following is an honest assessment of my experience with ML, which is supported by documentation: Two attorneys worked on my case, Joe Hoff and Zlatina Meier. I found them to be knowledgeable, competent, and thorough. We had an excellent rapport throughout the two plus years of litigation. The Judge ruled against us on all but one of the issues and awarded only $31,016.65 out of potentially $300,000 in unpaid benefits plus interest. There were two things I thought ML could have done better, but I still would have given them a 4 or 5 star review. Several troubling facts became apparent once my case had concluded: What I had agreed to in verbal fee negotiations with ML was not what was reflected in the Retainer Agreement! I believe that one line was intentionally vague and deceptive. It gave ML the right to any interest awarded, in addition to their 30% contingency fee, expenses, and attorney fees. (See photo.) Why I believe the deception was deliberate: 1. All prior communications with ML had been via email, but they insisted that we negotiate the fees via telephone— there is no record of what I’d agreed to! 2. I have a fairly strong legal background. I read the Retainer Agreement three times, but I misunderstood one line that gave ML the right to keep any interest awarded. The language is odd— it isn’t written in normal legal parlance. I believe they hoped I wouldn’t catch it, and I didn’t. The interest owed (after 16 years) was likely to be more than my unpaid benefits, so I would never have agreed to give them an additional 50% of the proceeds on top of the 30% contingency fee! 3. When ML sent the explanation of their fees after the case had concluded, right above it they had pasted the deceptive line from the Agreement! Just that one line, out of the whole agreement! Clearly they were expecting me to be blindsided when they subtracted the interest awarded! 4. When I informed Mr. McKennon that I intended to file a complaint with the CA Bar Association regarding the deceptive language and outrageous fees, he promptly decided not to deduct the interest! I also believe the expenses deducted were inflated. For example, Ms. Meier had told me 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 pays the expenses at 130%, per the Agreement. I paid $7,908.42, and the Judge awarded them $4,778.40 for expenses, so they were reimbursed a total of $12,686.82 for $6,083.40 in expenses, which they kept. The Judge awarded ML $222,570.00 in attorney fees ($650-$850 per hour). ML invested many hours on my case and I’m glad they were paid, but after expenses, ML received a total of $252,281.65 (a quarter of a million dollars), and I received $15,628.26. In summary, if you decide to hire McKennon Law to represent you, I suggest that you conduct all fee negotiations via email, so you have a record of what was said, and have another attorney look over the Retainer Agreement before you sign it. Just be aware that what you actually pay in fees may not be what you thought you had agreed to! Update: Mr. McKennon replied to my review with a bunch of excuses that don’t change the FACTS. Most notably, he stated that they explained that the firm would keep any interest awarded. That is a flat out LIE. If I had been told that, or if the RA had been clear, I would have declined representation. Why would I agree to give them half the proceeds in addition to the 30% contingency fee!? Calculated that way, ML kept 95.8% of the proceeds! (see Table). What they did was unethical and unconscionable! I may move forward with a complaint to the CA Bar Association.
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