James McMillan, paralyzed in S.I. Ferry accident, wants his lawyer to get full fee

John Marzulli
DAILY NEWS STAFF WRITER

Wednesday, June 3rd 2009, 12:59 PM

Ward for News

James McMillan, a surviving victim of the Staten Island ferry crash, wants to give his lawyer his full fee.

Take my money, please!

Believe it or not, that was the plea Wednesday from a former fish market worker who got $18 million from the city after being paralyzed in the Staten Island ferry accident.

James McMillan was back in Brooklyn Federal Court on Wednesday, urging a magistrate to reverse another judge's ruling which reduced his lawyer's fee by $2.5 million.

If lawyer Evan Torgan's fee of one-third of the settlement is restored, the money would come out of McMillan's pocket - but that suits him fine.

"I don't need that extra," McMillan said. "I want him to have it. He worked for it."

McMillan suffered a broken neck on Oct. 15, 2003, when the Andrew J. Barberi ferry crashed into a concrete pier, killing 11 passengers and injuring scores of others.

The city settled 146 cases - but Torgan told Mayor Bloomberg to stick his $10 million offer and gambled on a trial.

A federal jury awarded McMillan $22.9 million in September. Judge Jack Weinstein reduced it to an $18 million settlement and cut Torgan's fee to 20%.

The judge expressed concerns that McMillan didn't understand the retainer he signed in his hospital bed only four days after the catastrophic accident.

"If I could only tell the judge this man [Torgan] did a great job for me and I'm satisfied," said McMillan, who sported a fancy ring and massive watch.

"There's a hundred lawyers on TV saying, 'I'm the best,' but this man has walked with me through many things people wouldn't understand.

"He said, 'James I'm your lawyer' and I needed that comfort."

After McMillan signed with Torgan, he turned away the legendary Johnnie Cochran when he showed up at his hospital bedside.

McMillan's brother Tyrone testified that he explained to the victim that he didn't have to fork over the extra fee.

"I told him this is the jungle lawyers work in, but he said it was the right thing to do because he agreed to it and should honor it," said Tyrone McMillan.

Read more: http://www.nydailynews.com/ny_local/2009/06/03/2009-06-03_james_mcmillan_paralyzed_in_si_ferry_accident_wants_his_lawyer_to_get_full_fee.html#ixzz0HZ6JqCLD&C