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Neville Johnson, Johnson & Johnson LLP, Ellen Pansky, Pansky Markle, and Marshall Cole, Nemecek & Cole
This panel of top attorneys in malpractice and ethics will discuss the complicated issues in fee agreements, including:
- Contingent fees of 50% or more
- Changing fee amounts mid-stream
- Can a contingent fee ever be increased after the initial K is entered?
- Taking a percentage of the client’s income in perpetuity (despite new counsel, new K having been negotiated, and other change of circumstances, can this be shoehorned into an unconscionability argument?)
- Nuances of referral fees; best practices for handling fee disputes
- Requirement of observing MFAA in B&P Code before compelling contractual arbitration
- Arbitration agreements
- When and what do you have to tell the client to seek independent counsel before agreeing (e.g., waiver of a jury trial is an essential right that needs to be carefully considered; that the loser in litigation may pay attorney’s fees)
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