Lesson 9 Internet Research- Tainted Confession

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QUESTIONS: Chapter 7:pages 280-296; pages 301-308 1) Should the percentage of attorney's fees in contingency cases be limited by statute or ethical rules? Why or why not? The percentage of attorney’s fees in contingency cases should be limited in statute or ethical rules because just like our textbook mentions, they would discourage many processes in the legal cases and without the limits put by ethical rules or statues, I believe it would go corrupt and there would be no form of control, not only making things corrupt, but very disorganized, and there should be a general percentage determined to collect, not a different rate all over. 2) What do you think the reason for limiting the amount of contingency fees in medical malpractice cases? The reason for limiting amount of contingency fees in medical malpractice cases are victims have a right to a reasonable fee and it is essential to preserve that right as stated by American Bar Association http://apps.americanbar.org/tips/contingent/MedMalReport092004DCW2.pdf. It also prevents unreasonable fee prices which causes burdens not only on people, but health care systems. Medical professionals complain that excessive judgments and fees has caused costs to rise along with premiums which support pay outs. Model Rule [of Professional Conduct] 1.5 requires that the fee, whether based on an hourly rate, a contingent percentage or some other basis, "shall be reasonable.", DR 2-106 prohibits a "clearly excessive fee," which is in turn defined as a "fee ... in excess of a reasonable fee." Pages 280-296 1. Indicate whether the following are fixed fees, contingent fee, hourly fee, task-based fees. 1a. A law firm charges $25 for a deposition, $30 for phone advice and $50 for going to court- Task based billing 1b. A law firm charges $ 600 per hour for legal work- Hourly Fee 1c. A law firm charges 25% if the case

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