Did FSU overstate attorneys' fees in announcing lawsuit settlement?

In announcing its settlement with Erica Kinsman, a former student who alleged quarterback Jameis Winston raped her in 2012, Florida State gave a breakdown of the total financial amount.

Of the $950,000 sum, $250,000 would go to Kinsman and $700,000 to her attorneys. But that’s in dispute.

According to Kinsman’s attorneys, that breakdown represents public relations spin.

“If they’re saying, and I think they are, that the lawyers are going to get $700,000, that’s simply false,” said Baine Kerr, who represents Kinsman.

According to the settlement agreement, that breakdown of the $950,000 sum is based upon FSU’s assessment of what the amount represents.

READ: FSU settlement agreement

The next line in the agreement states, “The Parties understand and agree that the foregoing representation does not necessarily reflect the actual allocation between Kinsman and her counsel.”

Florida State agrees to pay Winston accuser $950,000 to settle suit

The agreement goes onto state that nothing should be construed as “allocation or in any way controlling in determining actual amounts due and payable” to Kinsman or her attorneys.

“Such matters shall be controlled exclusively by separate agreements between Kinsman and her counsel,” it states.

Kerr and John Clune, who also represents Kinsman, said that kind of language is not common in the agreements they’ve made in other Title IX cases. They declined to provide an exact amount, but Kerr said FSU's representation is "massively overstated."

“The lawyers are not taking anywhere close to $700,000, and FSU knows that," said Clune. "Just more of the same PR effort from FSU, unfortunately.”

Florida State spokeswoman Browning Brooks told USA TODAY Sports, "This is a non-issue."

Daniel Wallach, a Florida-based attorney, said it’s not unusual for settlements to include language that a lump-sum amount includes attorney’s fees. Saying more is allocated to attorney’s fees than damages can help further a narrative that a defendant is settling a lawsuit to avoid additional litigation expenses, he said.

“To settle on those terms makes it sound as if they didn’t concede anything, but the bottom line number speaks for itself no matter how you label it or how you spin it,” said Wallach. “If you base most of that payment around the concept of reimbursing attorney’s fees, even though it is more form over substance, it can better support their PR spin.”