Legal Question in Family Law in Michigan

wrongful death of a child

I am the mother of a child who died due to medical malpractice. The probate judge appointed a public administrator to represent myself and her father. He appointed a wrongful death attorney and when the case was settled this lawyer gave a large sum to a lawyer as a referral fee. The lawyer who received this fee was also my deceased child father personal attorney. How can this be legal?


Asked on 5/31/07, 10:08 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: wrongful death of a child

Giving a lawyer a referral fee for personal injury/medical malpractice cases is perfectly legal in Michigan. Assuming there was no conflict of interest, there was likely nothing illegal about it. Where did the proceeds from the wrongful death lawsuit go - were they distributed to you and the child's father, since you are the heirs?

You may want to contact a lawyer that specializes in ethics questions to see if there was any conflict as to how this was handled. I recommend Mr. Dubin at 313.596.0200.

Thanks and good luck.

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Answered on 6/01/07, 7:09 pm


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