Legal Question in Legal Malpractice in Maryland
what's ethical here?
if there is a case w/ parents as plaintiffs with the same lawyer in a wrongful death case.Their child died bcuz malpractice. The parents have never been married.Does the lawyer get paid 60%,30%from each parent or just 30% bcuz its all the same case.The lawyer has refused to give one parent any information since the agreement was signed.What should be done here?Seems unethical to get over half the settlement and the parents only get 40% [20%each]for all their pain n suffering and whatever else.
2 Answers from Attorneys
Re: what's ethical here?
Your question raises several issues.
1) The amount of the fee agreement with the lawyer cannot ethically be 60%. A reading of the retainer agreement probably says he is representing the mother on a 1/3rd contingency fee basis.
2) Do you have a written retainer agreement with the mother's lawyer? If not, you don't have a lawyer representing YOUR interests!
3) You should consult and retain your own lawyer to present you for the loss of your child. I'd be happy to discuss this further with you if you would like to contact me. www.walterlaake.com
Re: what's ethical here?
The lawyer's fee is whatever percentage is stated in the retainer agreement, applied against the total recovery before deductions for expenses. For example, if the fee is 1/3, which is typical, and the lawyer recovers $90000 for the parents, his fee would be $30000, with the balance distributed between the parents after expenses. If there is also a survival action brought by the child's estate and there is an additional recovery of $90000 for the estate, the fee would be $30000 of that. The lawyer's fee would never exceed the agreed percentage of the overall total recovery.
As for information, the lawyer has a duty to communicate with whomever his clients are. It sounds like only one of the parents actually hired the lawyer. But if he is representing both parents in the suit, he should be communicating with both of them.
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