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Contingency Fees for 'Medico-Legal Services'
Lawyers are routinely called on to apply their expertise to effectively evaluate and litigate cases. When lawyers do not possess the expertise themselves, they must seek others for assistance. To satisfy this need, a number of legal consultation organizations have been formed in recent decades, particularly to service the medical malpractice field. Usually for a contingency fee, such 'medico-legal services' locate expert witnesses, help prepare the experts to testify, and consult with counsel to aid in those aspects of the lawsuit which require expert knowledge.
In a recent case in which this author was involved as a court attorney, when the New York medical malpractice action settled without a trial, the plaintiffs refused to pay the agreed contingency fee to the consulting firm for, inter alia, obtaining medical expert witnesses. The medico-legal services organization sued the plaintiffs and their attorney in the firm's home state, Virginia, pursuant to the forum-selection clause of the agreement. The plaintiffs, through the same attorney who represented them in the settled medical malpractice action, responded by commencing an action in New York Supreme Court, seeking a declaration that the contingency contract between the consulting firm and the litigant and attorney they purported to serve, violated New York public policy and was, therefore, unenforceable.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.