Clercs de Saint-Viateur: Lawyers are very greedy

Victims of sexual abuse by religious leaders are currently missing out on $28 million in compensation because a judge believes their lawyers are putting too much in their pockets by overcharging.

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“The court finds that these fees are excessive and, above all, not in the members’ best interest,” Judge Thomas M. Davis argued in a recent ruling.

Last January, hundreds of victims of the Clercs de Saint-Viateur heaved a sigh of relief when a settlement totaling $28 million was reached, sparing them from having to testify at trial.

A total of 420 victims have reported themselves since 2017 and more than 50 attackers have been identified.

According to the lawyers leading the case, Father Jean Pilon alone has been singled out by 60 complainants.

However, more than $8 million had to be deducted to pay the victims’ attorneys’ fees, which is 25% of the total amount plus applicable taxes and costs incurred by attorneys throughout the case.

A member of the class action objected to the situation, lamenting that “the demands are unreasonable.”

Over 3000 hours

The plaintiffs’ attorneys told the court that they worked 3,479 hours at different hourly rates in the case.

But it still has at least 800 hours to spare. In total, it was $1.5 million.

However, the judge felt that their premium to secure a monopoly of 25% of the contract was too high.

The latter relied on other class action remedies to achieve this result under the “multiplier method.”

He acknowledged that calculations of this magnitude had been seen in the past, “but it was not the norm,” Judge Davis wrote.

“This observation does not call into question the class counsel’s dedication or expertise (partially acquired during the process). They did a remarkable job,” he underlined.

“Respect the decision”

Contacted by NewspaperArsenault Dufresne Wee Avocats said it “respects the judge’s decision.”

“We are mindful of the ruling, but we do not agree. We will ensure that the situation is rectified by lowering our rates as part of the new contract that we want to conclude quickly,” said Ms.^e Alain Arsenault.

The latter are not in a position to say how much their share of the bag will be as part of this reduction.

“It’s too early to announce anything except one thing: there will be a reduction in our rates,” he reiterated, adding that he hoped the whole thing could be done here in four weeks.

For victims

Reacting to the ruling, retired Judge Nicole Gibeault welcomed Judge Davies’ decision.

“It is the victims who should really benefit from the amount in collective action, and the money should go to them,” he stressed.

These comments were made by Chief Justice of the High Court Jack R. Echoing Fournier, he warned that class actions could become “profit centers for lawyers.”

“The system was not created to benefit the agents of the system. This is being done to benefit the people,” he told our intelligence bureau, calling on the legislator to act to improve the situation.