Venegas v. Skaggs

FLETCHER, Circuit Judge: Attorney Michael Mitchell (""Mitchell"") appeals the district court's denial of his motion to intervene in his former client's Section 1983 action. Mitchell moved to intervene in order to confirm a $406,000 lien for attorney's fees on the judgment. Juan Francisco Venegas (""Venegas""), the former client, cross-appeals the district court's ruling that Mitchell's entitlement to attorney's fees is not limited to the 42 U.S.C. § 1988 award of $75,000. We exercise jurisdiction pursuant to 28 U.S.C. § 1291. We hold that the district court abused its discretion in denying Mitchell's intervention motion, and remand the case to the district court for a determination of the merits of Mitchell's motion to confirm a lien. We affirm the district court's ruling that Mitchell's entitlement to attorney's fees is not limited to the § 1988 award and that a 40% contingent fee is reasonable in this case.1