Calculated Member Count Problem

I've been having difficulties with the following mdx query:

WITH
MEMBER [Measures].[Group] AS
'Mid(MemberToStr([PhaseTask].CurrentMember),30,1)'

MEMBER [Measures].[LawFirmDesc] AS 'MemberToStr([Lawfirm].CurrentMember)'

SET [ClaimCloseDate_Set] AS '{[ClaimCloseDate].[All ClaimCloseDate].[2004] }'

MEMBER [ClaimCloseDate].[All ClaimCloseDate].[SelectedClaimCloseDates] AS
'Aggregate([ClaimCloseDate_Set])'

SET [Jurisdiction_Set] AS
'{
[Jurisdiction].[All Jurisdiction].[State]
}'

MEMBER [Jurisdiction].[All Jurisdiction].[SelectedJurisdiction] AS
'Aggregate([Jurisdiction_Set])'

MEMBER [Measures].[ClaimCount] AS
'Count(NonEmptyCrossJoin(Descendants(
[Case].CurrentMember,,LEAVES),
[ClaimCloseDate_Set],
[Jurisdiction_Set],
{[PhaseTask].[All PhaseTask]},
{[Lawfirm].CurrentMember}, 1))'

SELECT {
[Measures].[LawFirmDesc],
[Measures].[Group],
[Measures].[ClaimCount],
[Measures].[Legal Fees Approved],
[Measures].[Expenses Approved],
[Measures].[Hours Approved]} ON COLUMNS,
CrossJoin (
{
[PhaseTask].[All PhaseTask].[L100 Assessment].Children,
[PhaseTask].[All PhaseTask].[L200 Pre-Trial].Children,
[PhaseTask].[All PhaseTask].[L300 Discovery].Children,
[PhaseTask].[All PhaseTask].[L400 Trial].Children,
[PhaseTask].[All PhaseTask].[L500 Appeal].Children,
[PhaseTask].[All PhaseTask].[E100 Expenses].Children,
[PhaseTask].[All PhaseTask].[Indemnity],
[PhaseTask].[All PhaseTask].[Prior Legal Fees]
},
{[Lawfirm].[All Lawfirm]
}
) ON ROWS
FROM Datamart_Vis_Ins165_Claim

WHERE
(
[Case].[All Case].[C],
[FeeAgreement].[All FeeAgreement].[Hourly + Expenses],
[ClaimCloseDate].[All ClaimCloseDate].[2004],
[Jurisdiction].[All Jurisdiction].[State]
)



The problem is [Claim Count]. I want the claim count on each row to be the highest claim count from selected rows and placed on each row. The count is way under-reported. However, If I use a simple count statement or distinct count then only the last 2 rows have the count value I am looking for. It doens't seem to be affected by the where clause or the aggregated sets so it is over-reporting on the claim count. Anyone have any thoughts on how to solve this problem?

Basically, I'm cross joining law firms with tasks that show expenses and fees submitted by law firms for billing. I need to calulate averages by dividing the dollar amounts by a claim count. The twist is that the claim count I am looking for only occurs on the indemnity and prior legal fees rows because I know that every claim/case has an indemnity and prior-legal fee transaction in the fact table. The others types of transactions don't. So I have to assume the claim count is max claim count calculated on one of the rows and that number needs to be applied to the rest. Also, the count has to be adjusted by the slicers in the where clause (when I used a simple count statement it wasn't adjusting as I changed the values in the where clause) The slicers in the where clause change the date, or the jurisdiction as well as other dimensions. Hope this information has helped. Any suggestions would be greatly appreciated.