NORFOLK, Va. — Hundreds of thousands of dollars in legal fees and costs hang in limbo as attorneys are still disputing the financial details of the high-profile Donovon Lynch wrongful death lawsuit.
On Thursday, a federal magistrate judge heard arguments over now-contested attorneys' fees and costs involved with the $3 million settlement agreement between the City of Virginia Beach and the Lynch Estate.
“Donovon’s life has been cut short. So time is on our side, to figure out the paperwork," attorney Joseph Sherman said, the most current of the Lynch Estate attorneys in the matter.
In 2021, a Virginia Beach Police Officer shot and killed 25-year-old Donovon Lynch in a night of chaos and confusion at the Virginia Beach Oceanfront. While a grand jury did not find probable cause to charge the officer who shot Lynch, his father, Wayne Lynch filed a federal $50 million wrongful death lawsuit.
Former Virginia Lt. Governor Justin Fairfax, as well as Thomas Martin, became counsel of record in the case in October 2022 and negotiated the settlement agreement by December.
Now, the legal fallout continues nine months after both Fairfax and Lynch stood side by side outside the federal courthouse to announce the agreement. The months-long legal back and forth began in late December when Lynch did not sign the settlement, even after signing a previous "Memorandum of Understanding."
Court records filed by Fairfax went on to allege Lynch's personal family attorney, Jeff Reichert, of interfering with the settlement's completion, as the Lynch Estate contested that there was language in the original settlement that was seen as "unfavorable" in the possibility of future investigations into Donovon's death.
In court Thursday, Sherman pointed to this to support their claim there was a "material breach of contract," months after the two sides did complete the signing of a $3 million settlement this spring.
"As we’ve maintained for nine months, we just want to get this case settled so there can be a finality to it, and ultimate justice for Donovon Lynch," Fairfax told 13News Now on Thursday.
“We think the case was settled back in December," said Gary Bryant, the attorney representing the officer who shot Lynch. "We’ve just been sitting and waiting for the final orders to get in.”
Previous court records and 13News Now reporting show the legal fees associated with the settlement totaled almost $1 million. Fairfax and Martin, according to court records, were due more than $600,000 collectively, while the previously hired Anchor Legal Group was entitled to roughly $250,000.
A recent federal filing shows a motion, submitted by Sherman, for the judge to consider signing the settlement, but with differing financial details.
The financial extent in which the document says Lynch should pay are:
- Anchor Legal Group PLLC costs-- $25,600.18
- Anchor Legal Group PLLC fees not to exceed $100,000
- Martin Law PLLC costs-- $9,894.76
- Joseph V. Sherman, P.C., costs-- $140.79
- Joseph V. Sherman, P.C., fees-- $21,997.50
A judge told the courtroom he will wait to rule on the motion within a week, a decision which is ultimately open for appeal.